THE FEATURES OF OUT-OF-COURT DEBT COLLECTION BY MEANS OF AN EXECUTIVE INSCRIPTION OF THE NOTARY

The article researches the concept of indisputability as a qualifying feature of the notary’s executive inscription. A comparative analysis of the institutions of the notary’s executive inscription and writ proceedings is carried out. The author concludes that there is a clear violation of the balance of interests when appealing an affixed executive inscription by the debtor, due to its increased complexity and multi-step nature. The features of debt collection under credit agreements and foreclosure on mortgaged property by means of the notary’s executive inscription are studied. The analysis of a number of controversial situations, including those related to the problem of debt acceleration in debt collection by means of an executive inscription, is carried out. Options for the reformation of the given institute are proposed. The author underlines that the loan agreements must include the condition on the possibility of debt collection by means of an executive inscription.