Cambia, biletul la ordin și contestația la executare. Corelații între procedura specială și procedura de drept comun
The bill of exchange, the promissory note and the appeal to enforcement. Correlations between the special procedure and the ordinary procedure

Summary/Abstract: With the amendments made by Law No 76/2012 implementing Law No 134/2010 on the Code of Civil Procedure, the objection to enforcement governed by Law No 58/1934 on bills of exchange and promissory notes has changed its name into appeal to enforcement, in order to align its terminology with the provisions of the new Code of Civil Procedure. However, this change of name has caused a lot of confusion in practice between the two institutions. The purpose of this paper is to delimit the scope of application of the former, by indicating the theoretical model governing the enforcement of a bill of exchange, by analysing the situations likely to cause confusion and, finally, by indicating the implications arising from this confusion.

• Details
• Contents