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Enforceability

Enforceability is the quality of a judgment, order or settlement that allows it to be carried out through legal enforcement mechanisms.

In Swiss civil procedure, a decision or court-recorded settlement is enforceable when the creditor can use state mechanisms to compel performance, such as payment, delivery, omission or another ordered act. Enforceability often follows legal force, but some decisions may be provisionally enforceable before finality, while others require additional steps or clarification. The enforcement route depends on the obligation: monetary claims generally proceed through debt enforcement, while non-monetary obligations may require court enforcement measures. Enforceability requires a sufficiently clear and determinate operative part.

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