Draft Best Practices for Effective Enforcement - Public Consultation


 

The International Institute for the Unification of Private Law (UNIDROIT) is conducting a public consultation regarding its draft Best Practices of Effective Enforcement.


Consultation period

The consultation will run for 11 weeks from 1 July to 15 September 2025 (midnight, CEST).


Objective of the consultation

The purpose of this consultation is to:

  • Raise awareness about the instrument;
  • Ensure that the instrument is well-suited to application in different contexts, including different legal traditions, and various types of enforcement systems;
  • Seek feedback on whether the instrument sufficiently addresses core issues that arise in civil enforcement of creditor’s rights.


Target audience

Views are welcome from all interested parties. For more technical aspects, feedback is welcome in particular from persons and entities representing:

  • Enforcement judges, magistrates, and other authorities;
  • Experts in procedural law;
  • Development banks;
  • International organisations;
  • Academics and think-tanks.


About the draft Best Practices

The draft Best Practices of Effective Enforcement have been prepared by the Working Group on Best Practices for Effective Enforcement over the course of ten sessions between December 2020 and March 2025. For more information about the Working Group and its meetings, please see https://www.unidroit.org/work-in-progress/enforcement-best-practices/.

The aim of the draft Best Practices of Effective Enforcement is to recommend procedures and mechanisms for effective enforcement of creditors’ claims while still ensuring sufficient legal protection for debtors and third parties. The draft Best Practices are mostly aimed to inform the choices of domestic legislators, but they also provide guidance to enforcement agents and practitioners.

The Draft Best Practices of Effective Enforcement are divided into three Parts:

  • Part I. Enforcement by Way of Public Authority
  • Part II. Enforcement of Security Rights
  • Part III. Enforcement on Digital Assets

Each Part is broken down into Chapters (and sometimes Sections and Subsections) which contain Recommendations and Commentary. In some instances, the Recommendations constitute provisions that could be directly enacted into national law. Elsewhere, the Recommendations (along with the Commentary) provide guidance on significant issues that legislators should consider when designing or amending provisions relating to civil enforcement.


Consultation documents

An introductory document providing more information on the background of the project and a more detailed overview of the instrument can be found here.

The draft Best Practices of Effective Enforcement can be found here.


How to submit your response

Respondents may provide feedback on any part of the draft Best Practices of Effective Enforcement. Comments should be submitted to the Unidroit Secretariat at bpee@unidroit.org.

All comments should be included in a Word document and should be provided in English or French. For each comment, please specify to which Recommendation it pertains.


Next steps

The Working Group on Best Practices for Effective Enforcement will consider the feedback received in virtual sessions of the Drafting Committee and conclusively at its eleventh session, 13-15 October 2025. It is anticipated that the draft Best Practices of Effective Enforcement will be subject to approval by the Governing Council by the end of 2025 and finally published in early 2026.