Meglepetés kizárva – a fizetési meghagyás végrehajtói kézbesítése
No surprises – Service of an Order for Payment by the Bailiff
Author(s): Judit MolnárSubject(s): Civil Law
Published by: Scientia Kiadó
Keywords: order for payment procedure; final order for payment; application for certification; objection to service; opposition; service by bailiff;
Summary/Abstract: The order for payment procedure is fast and effective – the order is issued by the notary at short notice. The issued order becomes final in the absence of the contradiction of the obligant, which makes the procedure more efficient. The contradiction can be failed due to the omission of the obligant, and in this case remedies are provided for the obligant to remove the consequences of the omission. However, these remedies hinder and make impossible the claim based on the final order for payment of the holder. In the study, we examined the conditions and impact of the application for certification, the objection to service, and the presentation of the second contradiction. The main question of the research was whether the legislator provides the holder a preventive remedy and whether these remedies can be excluded in advance. As a result of our examinations, we have been able to demonstrate positive legal consequences for holders in the rules on the service of orders by bailiff.
Journal: Erdélyi Jogélet
- Issue Year: V/2022
- Issue No: 3
- Page Range: 41-56
- Page Count: 16
- Language: Hungarian