COMPLAINT AGAINST THE LEVY OF EXECUTION AND THE OPPOSITION TO THE EXECUTION IF BILLS OF EXCHANGE AND PROMISSORY NOTES
COMPLAINT AGAINST THE LEVY OF EXECUTION AND THE OPPOSITION TO THE EXECUTION IF BILLS OF EXCHANGE AND PROMISSORY NOTES
Author(s): Cristian DrăghiciSubject(s): Commercial Law
Published by: Österreichische Nationalbibliothek Wien/ Österreichisch-Rumänischer Akademischer Verein
Keywords: complaint;opposition;execution;
Summary/Abstract: The promissory note is a commercial effect, signed by a person named issuer or underwriter undertakes to pay a sum of money due to another person named beneficiary, or to order it. Form, promissory note resembles an acknowledgment of debt by the debtor to his creditor.Being a commercial basis value, the promissory note is a debt instrument, notes, formal and complete, which incorporates an obligation abstract, autonomous and unconditional payment of a fee by the subscribers, held jointly for performance .One of the problems frequently encountered in legal practice is challenging routes promissory notes by debtors, whether this appeal concerns the enforcement itself or just the ways and forms of its enforcement. Competition between common law legal regulations on appeal from enforcement of the Code of Civil Procedure and regulations in the Law no. 58/1934 on bills of exchange and promissory notes, put before a court delicate operation qualification of actions which neither parties often do not know to qualify rigorous qualification by the court later depending on a number of key issues on admissibility, the time limit for the appeal, suspend the enforcement conditions.
Journal: Conferința Internațională Educație și Creativitate pentru o Societate Bazată pe Cunoaștere - DREPT
- Issue Year: VI/2012
- Issue No: VI
- Page Range: 107-112
- Page Count: 6
- Language: English