Complaint Against the Levy of Execution and the Opposition to the Execution if Bills of Exchange and Promissory Notes

The International Conference Education and Creativity for a Knowledge Based Society – LAW, 2012, Titu Maiorescu University, pp. 99-104

6 Pages Posted: 7 Mar 2013 Last revised: 9 Apr 2013

Date Written: 2012

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.

Keywords: appeal, court, law

JEL Classification: A1

Suggested Citation

Draghici, Cristian, Complaint Against the Levy of Execution and the Opposition to the Execution if Bills of Exchange and Promissory Notes (2012). The International Conference Education and Creativity for a Knowledge Based Society – LAW, 2012, Titu Maiorescu University, pp. 99-104. Available at SSRN: https://ssrn.com/abstract=2229293 or http://dx.doi.org/10.2139/ssrn.2229293

Cristian Draghici (Contact Author)

Titu Maiorescu University ( email )

22, Dâmbovnicului Street, sector 4, 040051
Bucharest
Romania

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