Debt declarations represent significant legal documents that a Notary Public is empowered to authenticate under Decree-Law No. 20 of 2022 on the Regulation of Notary Public Profession. In this document, an obligor (declarant) admits to owing a specified sum to a creditor (to whom declaration is made), and he undertakes to pay this amount either in monthly instalments or as a one-time payment by an agreed date. Should the debtor fail to make payment by the agreed date, the Decree-Law grants the creditor the right to initiate forced performance against the debtor to enforce their rights. This process involves affixing the executive formula to the document, enabling the creditor to resort to the competent authorities to enforce the ruling.
In order for the executive formula to be affixed, three fundamental conditions must be satisfied:
1- Confirmation of right: The debt must be established and clear.
2- Determination of debt amount: The financial obligation must be precise and identifiable.
3- Due date for payment: The debt payment has fallen due.
Once these conditions are satisfied, the creditor may initiate an enforcement procedure by opening an enforcement file, thereby ensuring that their right is fulfilled in a lawful and efficient manner.