Notarial deed as an enforceable title in commercial relationships
Legal basis
Under § 45(2)(c) of Act No. 233/1995 Coll. on Court Enforcement Officers and Enforcement Activities, an enforceable title also includes a notarial deed that records a legal obligation and identifies the entitled and obligated persons, the legal grounds, the subject matter and the time for performance, provided that the obligated person consented to its enforceability in the notarial deed.
Thus, if the debtor fails to fulfil the obligation, the creditor does not bring a claim but applies directly to a court enforcement officer. The time difference is substantial: while court proceedings for payment take months even for an undisputed claim, enforcement proceedings based on an enforceable notarial deed can begin immediately after default occurs.
Requirements for the deed
The law specifies requirements whose absence means that the document cannot serve as an enforceable title. These are the precise identification of the entitled and obligated persons; the legal grounds of the obligation, meaning the circumstances giving rise to the claim; the subject matter and amount of performance; the time for performance; and the obligated person’s express consent to the enforceability of the deed.
The courts consistently require the obligation to actually exist when the notarial deed is drawn up. A deed therefore cannot validly be drawn up for an obligation that will arise only in the future and whose terms have not been determined at the time of drafting. Deeds prepared without regard to judicial decisions fail on precisely this requirement — the document formally exists but cannot withstand scrutiny in enforcement proceedings.
Particular attention should be paid to specifying the amount and time for performance. Unclear wording, or wording that merely refers to another document, renders an otherwise enforceable deed practically useless, because the enforcement officer must be able to determine from the deed alone what was to be performed and when.
Drawing up the deed
The deed is drawn up in the personal presence of the obligated person, who must declare consent to its enforceability before the notary; the notary verifies that person’s identity. If the obligated person is a legal entity, its statutory representative acts on its behalf, and that representative’s authority to act for the entity is also verified.
The act itself takes little time if the supporting documents are ready. The principal contract or another document establishing the legal grounds of the obligation, accurate details of both parties, and a clearly specified amount and due date for performance are required.
Typical applications
This instrument is most commonly used in credit and loan arrangements where the creditor requires security that can be enforced quickly. It is equally useful in ordinary commercial contractual relationships. A supplier delivering goods or services with a longer payment period can thus ensure that, in the event of default, it need not wait for the outcome of court proceedings. A landlord of non-residential premises can secure rent and compensation for damage arising when the lease ends. Company members can arrange a mutual settlement upon the termination of one member’s participation in the company. This instrument is particularly suitable for an agreement on an instalment schedule for an existing debt, giving the debtor time and the creditor certainty.
Why the debtor agrees to the deed
When first encountering this instrument, it is natural to ask why the obligated person would agree to such an arrangement. The answer is straightforward: the debtor receives something in return for consenting. Either the debtor receives a benefit that would otherwise not be provided, obtains an instalment schedule instead of immediate debt recovery, or receives more favourable terms because the creditor does not have to reflect the risk in the price.
Moreover, for a debtor who duly fulfils the obligation, the deed has no effect — it is never used. Only a party that fails to perform bears the risk associated with it. This is precisely how it is worth presenting the deed during negotiations.
Limits of the instrument
An enforceable notarial deed speeds up the path to enforcement but does not ensure that the debtor has assets from which to pay. If the debtor has no assets, enforcement proceedings will fail just as they would following a court judgment — except that this will become clear sooner and at lower cost.
For this reason, it is combined in practice with a pledge. The pledge determines which assets will satisfy the creditor’s claim; the deed determines how quickly that satisfaction can be obtained. Pledges over movable property, receivables, an enterprise or a business interest are registered in the Central Notarial Register of Pledges maintained by the Chamber of Notaries of the Slovak Republic under § 73d et seq. of the Notarial Code; we complete the registration while you wait.
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Secure your claim before a problem arises We will draw up an enforceable notarial deed, advise you on combining it with a pledge, and complete registration in the Central Notarial Register of Pledges while you wait. Contact us before signing the principal contract. Notary Office Stará Vajnorská 8, Bratislava III. |
Legislation cited in this article
Act No. 233/1995 Coll. on Court Enforcement Officers and Enforcement Activities (Enforcement Code) — § 45(2)(c)
Act No. 323/1992 Coll., Notarial Code — § 46 et seq. (notarial deeds), § 73d et seq. (Central Notarial Register of Pledges)
Act No. 40/1964 Coll., Civil Code — § 151a et seq. (pledges)
This text reflects the law as at 11 September 2026. It is for information purposes and does not replace legal advice on a specific matter. Current fees are available in the office’s price list.
JUDr. Martin Vlha, PhD., Notary · Notary Office Stará Vajnorská 8, Bratislava III
