The STUDIA UNIVERSITATIS BABEŞ-BOLYAI issue article summary

The summary of the selected article appears at the bottom of the page. In order to get back to the contents of the issue this article belongs to you have to access the link from the title. In order to see all the articles of the archive which have as author/co-author one of the authors mentioned below, you have to access the link from the author's name.

  
       
         
    STUDIA IURISPRUDENTIA - Issue no. 1 / 2008  
         
  Article:   ARTICLES : THE OPPOSITION TO THE EXECUTION OF THE PROMISSORY NOTES AND THE COMPLAINT AGAINST THE LEVY OF EXECUTION / OPOZITIA LA EXECUTAREA BILETELOR LA ORDIN SI CONTESTATIA LA EXECUTARE.

Authors:  MARIUS FLOARE. 		 
       
         
  Abstract:  The promissory notes are frequently used credit instruments because their main practical advantage is the fact that they allow the unpaid creditor to start the procedure of the levy of execution immediately after they are due. What is often unclear is the procedure to be followed by the debtors in the event they wish to challenge the validity of the promissory notes they have issued or the ways in which the levy of execution of the promissory note is carried out. The difficulty of distinguishing between the opposition to the execution of the promissory note, governed by the provisions of the special law No. 58 of 1934 regarding the letters of exchange and the promissory notes, and the complaint against the levy of execution of a promissory note governed by the Code of civil procedure, arises from the fact that these laws from different historical times greatly overlap both in scope and in terminology. The differences include: the conditions of admissibility, the delay in which the request must be submitted, the procedural way for appealing against the rendered judgment and the requirements for suspending the levy of execution. Our conclusion is that the special procedure of opposition to the execution of the promissory note can be used when the debtor challenges the validity of the promissory note or the validity of the entire process of levy of execution. If the debtor wishes to challenge only the validity of specific acts carried out during the process of the levy of execution, the procedure to be followed is the common procedure of complaint against the levy of execution.  
         
     
         
         
      Back to previous page