PROCEDURE OF ISSUING THE ORDER OF PAYMENT Cover Image

PROCEDURA EMITERII ORDONANŢEI DE PLATĂ
PROCEDURE OF ISSUING THE ORDER OF PAYMENT

Author(s): Robert-Adrian Deliu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: Procedure, orderly; debt; enforcement; certainly; liquid; payable; the application for annulment;

Summary/Abstract: By creating payment procedure Government Ordinance, Romanian legislature aimed at creating a mechanism made by the credit to obtain a short-term recovery of debts, liquid and payable and also harmonize national legislation with the European one. The new Civil Procedure Code, has the merit of unifying the two procedures, namely the payment order and the order of payment, subject to its predecessor, the Civil Procedure Act of 1865 and other special laws. Issuing payment order procedure is characterized by flexibility, speed and obtaining an enforcement able to be put into enforcement without delay. Thus, art. NCPC in 1013, establishes a simplified and accelerated procedure for the recovery of which certain, liquid and payable to the documents, the only evidence that is given in this procedure, the order of payment. Unlike the case of the application of low value it is also a special procedure and accelerated obviously different from the order of the payment, by the fact that, first, only apply to specific applications and is limited to an amount of application to 10,000 lei solutionandu the request, usually in closed session. According to art .. 1029 par. (2) The court may order the appearance of the parties, if it considers this to be necessary.

  • Issue Year: 2018
  • Issue No: 05
  • Page Range: 37-52
  • Page Count: 16
  • Language: Romanian
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