Enforceable Authentic Instrument

An enforceable authentic instrument enables the creditor to enforce his debtor in case of non-compliance of payment. The debtor must acknowledge the creditor’s claim in an authentic instrument. If the debtor fails to do so, the creditor can execute them quickly. This means that the enforceable authentic instrument represents a tool with which the beneficiary of a cash benefit can directly open the law for enforcement of his benefit (cf. Art. 348 ZPO).

An enforceable authentic instrument may in principle be drawn up for any type of benefit. Other benefits may be considered in addition to cash benefits, such as benefits in kind or a declaration of intent. This broad spectrum is restricted by Art. 348 ZPO, which excludes the establishment of a public deed for certain (but not all) areas of private social law, e.g. in the case of consumer contracts, services from rent and lease of residential or business premises or services from the employment relationship.