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FORCED PERFORMANCE OF CONTRACTS: HOW TO GUARANTEE COMPLIANCE THROUGH JUDICIAL AND EXTRAJUDICIAL CHANNELS

Por Diego Ricardo Molinari Chiarappa / 22 de septiembre de 2025

💡 MCHM Lawyers - Lawyers - Contracts
📎 Forced performance of contracts: How to guarantee compliance through judicial and extrajudicial channels
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👉 Forced performance of contracts: Judicial and extrajudicial channels

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💬In the legal field, the forced performance of contracts represents one of the most relevant mechanisms to guarantee the effective fulfillment of obligations agreed between the parties. When one of them fails to comply with what was agreed, the legal system offers tools so that the affected party can demand performance, even against the debtor´s will. This process may take place through judicial or extrajudicial channels, depending on the type of contract, the nature of the obligation, and the legal instruments available. ✍️
🧾 What is forced performance?
Forced performance is the set of procedures aimed at enforcing a contractual obligation when the obligor does not voluntarily comply. It may refer to monetary obligations (payment of a sum of money) as well as non-monetary obligations (delivery of goods, provision of services, etc.). Its purpose is to prevent contracts from becoming mere declarations of intent and to ensure they have practical consequences.
⚖️ Judicial channels of enforcement
The judicial channel is the most formal and protective, and it is activated when the creditor goes to court to obtain performance of the obligation. In Spain, this procedure is regulated by the Civil Procedure Act.
1. Requirements to initiate judicial enforcement
• Enforceable title: It is essential to have a document with enforceable power, such as a final judgment, an arbitral award, or certain public or private documents recognized by law.
• Enforcement request: The creditor must file an enforcement petition before the competent court, accompanied by the enforceable title.
• Involvement of professionals: It is mandatory to act with legal counsel and to be represented by a court agent.
2. Types of judicial enforcement
• Monetary enforcement: Seeks the collection of a sum of money. It may involve the seizure of assets, bank accounts, salaries, etc.
• Non-monetary enforcement: Aims at fulfilling an obligation other than payment, such as delivering a good or performing an action. It may include measures such as compulsion over the person, coercive fines, or substitute enforcement.
3. Debtor´s opposition
The debtor may oppose enforcement, but the grounds are limited by law. In general, only causes such as payment already made, limitation of action, or nullity of the title are admitted.
📝 Extrajudicial enforcement channels
Although the judicial channel is the most well-known, there are extrajudicial mechanisms that allow certain contracts to be enforced without resorting to the courts, provided that specific requirements are met.
1. Notarial enforcement
In some cases, such as contracts secured by mortgage or pledge, it is possible to go to a notary to initiate an extrajudicial enforcement procedure. This procedure is regulated by the Mortgage Act and allows, for example, the auction of mortgaged property without judicial intervention.
2. Arbitration
If the parties have agreed on an arbitration clause, they may submit their disputes to an arbitral tribunal. The award issued has enforceable power and may be judicially enforced as if it were a judgment.
3. Mediation and conciliation
Although they are not enforcement mechanisms in the strict sense, they may facilitate voluntary compliance with the contract. If an agreement is reached, it may be elevated to a public deed or judicially approved, acquiring enforceable power.
🔍 Practical considerations
• Choice of channel: The choice between judicial and extrajudicial channels will depend on the type of contract, the guarantees agreed upon, and the debtor´s attitude.
• Costs and timing: Extrajudicial channels are usually faster and less costly, but not always viable. Judicial channels, though slower, offer greater procedural safeguards.
• Prevention: It is advisable to include specific clauses in contracts that facilitate enforcement, such as arbitration agreements, notification addresses, real guarantees, etc.
🧠 Conclusion
The forced performance of contracts is an essential tool to preserve legal certainty and trust in commercial and civil relationships. Knowing the available channels and their implications allows professionals and individuals to act more effectively in the event of a breach. Whether through judicial or extrajudicial means, the important thing is that the contract does not remain a dead letter, but is translated into a tangible and enforceable reality.
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⚖️ Welcome to the Online Civil Process offered by MCHM Lawyers. Through our online platform, we provide you with the convenience of completing the entire procedure from the comfort of your home, without the need to visit our office or the courts (Except for mandatory proceedings). Below, we will guide you through each step of the process:
Access to your Personal Account: Once you access our website https://www.mchmabogados.es/idiomas/en/inicio-sesion-mchmabogados-almeria [Civil], you can create a personal account or log in if you already have an existing one. From your personal account, you will have access to all the tools necessary to complete the Civil process.
Uploading Documents: From your personal account, you can upload all the documents necessary to initiate the Civil process. This includes text documents, images, and any other document relevant to your case.
Receiving Notifications and Requirements: Once you have uploaded your documents, you will receive notifications and requirements through your personal account on our online platform. These notifications will include information on the status of your case, any action required on your part, and any important communication related to your Civil process.
Process Tracking: From your personal account, you can track the progress of your case in real time. This includes information on hearings, judicial rulings, and any other relevant updates.
Communication with your Lawyer: Through our online platform, you will have the ability to communicate directly with your assigned lawyer. You may make inquiries, ask questions, and receive personalized legal advice at any time during the process.
Receipt of Judgment: Once the process has been completed, you will receive the final judgment through your personal account on our online platform. This judgment will include any decision made by the court in relation to your Civil case.
In summary, our Online Civil Process offers you the convenience and flexibility of completing the entire procedure from the comfort of your home, without the need to visit our office or the courts (Except for mandatory proceedings). With access to your personal account on our online platform, you can upload documents, receive notifications, communicate with your lawyer, and track the progress of your case in real time. At MCHM Lawyers, we are committed to providing you with the best possible service throughout the Civil process.
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📍 For more information, do not hesitate to contact MCHM Lawyers. ✍️
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