This work aims to analyze the viability to create enforceable instruments out of court through
legal transactions and its consonance with the procedural public order. First, established by the
current legislation, and the principled foundations provided for in the process, which ensure the
presence of the parties’ liberty in the procedure. Then, the instrument enforceable in court are
analyzed, verifying their requirements and its limits in matter of law enforcement. The institute
of enforceable instruments out of court gains new contours in the current legislation, in which
the civil procedure reconciles aspects of the public and private law. this section ends presenting
the incidence of legal transaction within the executing procedure and its compatibility with the
executive system, in view of the principles and current procedural rules that enable the self determination of the parties. The following chapter aims to debate the concept of instrument
enforceable and its historical development, which will allow to identify that this instrument was
conceived as a technique that granted the immediate enforcement of the documents, without
the cognizance procedure. Therefore, the instrument is composed by inherent and extrinsic
requirements. In the material aspect, there is the obligation contained in the title, which must
be precise, net, and admissible, while the formal aspects based on the legislation enables the
executive procedure. At the last section, the study focus on the possibility of the creation of
enforceable instrument out of court through legal transaction, to make more flexible the formal
requirements that constitutes the title, allowing the players to adapt the formal aspects in view
of each concrete case. Lastly, it presents the constitutional principle of freedom, as well as the
procedural principle of respect to the self-regulation in the procedure, and the rule contained in
article 190 of the Code of Civil Procedure to show that are enough instruments to assure the
recognition of the creation of enforceable instruments from procedural legal transactions.
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