Influenţa procedurii somaţiei de plată asupra relaţiilor economice ale profesioniştilor
Ordinance for payment influence on the professionals economical relations
Author(s): Grigore RuncanuSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: ordinance for payment; O.G. no. 5/2001; debts recovery; creditor; debtor
Summary/Abstract: The paper refers to the ordinance for payment special procedure. The article is divided into three parts. The first part presents the history of the ordinance for payment procedure, from appearance till today. In the second part are marked features of that procedure regulated by Government Ordinance no. 5/2001. In the last part is outlined the advantages of using ordinance for payment procedure under national and global economy that suffers continuous changes that need fast recovery of debt money make the difference between viable and the companies that go insolvent. Ordinance for payment procedure is not a novelty in Europe and worldwide, there are many countries that have established such procedures to accelerate the recovery of sums of money, especially in the interest of traders. Such special procedures called in Europe "European procedure”, is distinguished by simplicity, urgency, efficiency, lower costs and encourage the creditor to seek court order to assert his right. In summary, the ordinance for payment procedure is a derogation procedure, the general rules of civil procedure and special rules for settling trade disputes, which allows obtaining a short-term enforcement to enable the creditor to perform forced claims, but also to obtain title by simplified forms with payment of legal fees, stamp set, with a lower value, creating a special matters for trading partners, finally leaving an impression even on the economy.
Journal: Acta Universitatis George Bacovia. Juridica
- Issue Year: I/2012
- Issue No: 2
- Page Range: 191-207
- Page Count: 17
- Language: English