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The Role of the Writ of Execution Issued by a Notary in Preventive Justice and Effective Enforcement

By Irakli Shamatava

Law and World · Vol. 12, No. 38, pp. 99-127 · 2026

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Abstract

The present article examines the legal nature of the writ of execution issued by a notary, its functional purpose, and its relation to preventive justice. The study aims to evaluate the extent to which this mechanism ensures the effective enforcement of due claims while maintaining procedural balance between the interests of creditors and debtors.

The article analyses the Georgian legislation and the practice of the judiciary in comparison with the judicial experience of France and Spain. The research is based on doctrinal, normative, and comparative-legal methods. It also examines the institutional role of a notary, the principle of impartiality, and the significance of enforceable legal instruments, with a particular focus on legal consequences of the writ of execution issued by a notary, simplified enforcement mechanisms, and procedural safeguards.

The study finds that a notarized agreement and the writ of execution issued on its basis contributed to reducing the workload of courts, ensuring the prompt satisfaction of the creditor’s claim and stability of legal relations. At the same time, further improvement of legal and procedural standards is necessary for ensuring the successful exercise of this mechanism.

Details

Publication type
Journal article
Author
  • Irakli Shamatava - Ph.D in Law, Affiliated Associate Professor at Caucasus University, Invited Professor at Batumi Shota Rustaveli State University, Full Professor at International Black Sea University, Chief Editor of the scientific journal Caucasus University Law Review, Attorney specializing in civil and administrative law, Member of the Association of Authors’ Rights and the Georgian Bar Association.
Journal
Law and World
Publication
June 30, 2026
Volume
12
Issue
38
Pages
99-127
Language
English
DOI
10.36475/12.2.6
ISSN
2346-7916
Institutions
Batumi Shota Rustaveli State University, Caucasus University, International Black Sea University
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Private Law

Keywords

Notary notarial act preventive justice writ of execution enforcement proceedings

Cite this record

Shamatava, I. (2026). The Role of the Writ of Execution Issued by a Notary in Preventive Justice and Effective Enforcement. Law and World, 12(38), 99-127. https://doi.org/10.36475/12.2.6
Shamatava, Irakli. "The Role of the Writ of Execution Issued by a Notary in Preventive Justice and Effective Enforcement." Law and World 12, no. 38 (2026): 99-127. https://doi.org/10.36475/12.2.6.
@article{shamatava2026_2vsf1q,
  title     = {The Role of the Writ of Execution Issued by a Notary in Preventive Justice and Effective Enforcement},
  author    = {Shamatava, Irakli},
  year      = {2026},
  journal   = {Law and World},
  volume    = {12},
  number    = {38},
  pages     = {99--127},
  doi       = {10.36475/12.2.6},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/1006},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Shamatava, Irakli
TI  - The Role of the Writ of Execution Issued by a Notary in Preventive Justice and Effective Enforcement
PY  - 2026
JO  - Law and World
VL  - 12
IS  - 38
SN  - 2346-7916
DO  - 10.36475/12.2.6
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/1006
AB  - The present article examines the legal nature of the writ of execution issued by a notary, its functional purpose, and its relation to preventive justice. The study aims to evaluate the extent to which this mechanism ensures the effective enforcement of due claims while maintaining procedural balance between the interests of creditors and debtors. The article analyses the Georgian legislation and the practice of the judiciary in comparison with the judicial experience of France and Spain. The research is based on doctrinal, normative, and comparative-legal methods. It also examines the institutional role of a notary, the principle of impartiality, and the significance of enforceable legal instruments, with a particular focus on legal consequences of the writ of execution issued by a notary, simplified enforcement mechanisms, and procedural safeguards. The study finds that a notarized agreement and the writ of execution issued on its basis contributed to reducing the workload of courts, ensuring the prompt satisfaction of the creditor’s claim and stability of legal relations. At the same time, further improvement of legal and procedural standards is necessary for ensuring the successful exercise of this mechanism.
KW  - Notary
KW  - notarial act
KW  - preventive justice
KW  - writ of execution
KW  - enforcement proceedings
KW  - ნოტარიუსი
KW  - სანოტარო აქტი
KW  - პრევენციული მართლმსაჯულება
KW  - სააღსრულებო ფურცელი
KW  - სააღსრულებო წარმოება
SP  - 99
EP  - 127
ER  -
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