Vollstreckungstitelgestützt

Vollstreckungstitelgestützt refers to a legal process in German law where enforcement actions are directly based on a "Vollstreckungstitel," which translates to an enforcement title. This title is a legally recognized document that formally establishes a claim and allows for its compulsory enforcement against a debtor. Without such a title, no enforcement measures can be taken.

Common types of enforcement titles include court judgments, court-ordered settlement agreements, notarial deeds containing enforcement clauses, and certain administrative orders. The existence of a Vollstreckungstitel provides the creditor with the legal authority to demand payment or performance from the debtor, and if the debtor fails to comply voluntarily, the creditor can initiate formal enforcement proceedings.

These proceedings can involve various measures such as seizing assets, garnishing wages, or taking other steps to satisfy the creditor's claim. The Vollstreckungstitel is the foundational document that validates these coercive actions. It ensures that enforcement is not arbitrary but is carried out under strict legal scrutiny and based on a pre-established, legally recognized claim. The principle of Vollstreckungstitelgestützt emphasizes the rule of law and the protection of debtors by ensuring that enforcement is always predicated on a legitimate legal basis.