Enforceable instrument
When the obligation is clear, express and due. Assets can be pursued from the order to pay onward.
Corpus Legal
Commercial and civil dispute resolution
Claim and defence in contractual disputes, inside and outside the proceedings.
The work covers both stages, because the way a claim is framed before suing conditions what can be asked for afterwards.
Time to recovery
- Enforceable instrumentmonths
- Declaratory proceedingsyears
- Arbitrationtime limit fixed from signature
What it decides
The instrument decides the timeline: an enforceable instrument is collected in months, while a declaratory claim is argued over years. And because court-annexed conciliation is a precondition to suing, the pre-action stage is not a preliminary formality but the first real chance to close the matter.
Pre-action stage
What is exhausted before going to a judge or an arbitral tribunal.
- Formal demands and putting the debtor in default
- Review of the instrument and of the security
- Court-annexed conciliation in law
- Direct negotiation with the counterparty
- Settlement and payment agreements
- Quantification of the loss
Court stage
Representation in the proceedings, as claimant or as defendant.
- Enforcement proceedings and calling on security
- Declaratory, commercial and civil proceedings
- Arbitration under an arbitration clause
- Applications for interim measures
- Defence against third-party claims
- Enforcement of the judgment or the award
Declaratory proceedings
The right itself is disputed, so it has to be declared before anything can be collected on it.
Arbitration
Available only where the contract provided for it. Tribunal, seat and time limit are all fixed from signature.