About the payment order procedure in comparative procedural law in Europe: characterization, essential and incidental elements

Abstract

Chile trends to reform his Civil Procedure Code. The order for payment is an important mechanism to give the citizens, businesses and Judiciary a alternative to ordinary proceeding to achieve a execution. This procedure will make it easier to obtain judgments on uncontested claims by providing easy access to a procedure both for claimant and for defendant. Trough the “inversion du contentieux” could be achieve excellent goals, both for Judiciary and for the citizen. The EU with the project for a uniform Order for Payment could teach about experience, in order to select the best option. In the EU these judgments will be automatically recognized across the EU. Actually the Order for Payment has been at the centre of discussion in the EU and the majority of EU members have this or similar proceeding. Also in Latin-American have helped to develop a efficient civil justice in Brazil, Uruguay and Peru. The Order for Payment make it easier and speedier for individuals and companies to recover those debts and so help the internal market grow further and at the same time offer a good mechanism against the default of appearance with cost in time and money for the Judiciary.