EXTRAJUDICIAL ENFORCEABLE INSTRUMENT AS A MEANS OF PROOF

Abstract

This article aims to study the extrajudicial executive title and how to analyze it to support execution as a means of proof. This is because there are two titles with executive force: the judicial and the extrajudicial, and they are basically differentiated by the place where the title is created. The first is created through the judgment of a declaratory action, and the second is created by the will of the parties. Thus, the discussion arises as to whether the extrajudicial executive title proves the existence of an act or fact that enables the execution action, or whether the title is merely a document that justifies the filing of the action.