Kredia bankare si titull ekzekutiv dhe praktika gjyqësore përkatëse
Bank loan as an executive title and related case law

Summary/Abstract: The purpose of the legislator, in sanctioning by law of the acts of giving bank loan, is characterized by rational and constitutional concepts of “public interest”. Also, these concepts apply to acts for credit in the quality of an executive title, searchable directly from the lender, from non-bank financial institutions. Giving legal guarantees for safe return of bank loans serves to the consolidation of the banking system and directly affects the financial protection of citizens’ deposits or other entities. The Executive Title, basically, contains a judicial relationship documented in the form required by law. So, the law has recognized the ability to execute the obligation, according to the request of the entity for issuance of an enforcement order. Bank loan contracts are acts, which are related to fulfillment of terms and obligations of mutual gratification, but for their own importance, in order to ensure a balance between public interest and stability of the banking system, the law itself has provided these acts as executive titles. More concretely, Article 510/d of Code of Civil Procedure provides as executive titles “.... acts for granting bank loans and by issuing loans to nonbank financial institutions.” This provision has been the subject of a different judicial practice as to constitutionality, invalidity of an executive bank loans and for determining the competent court for the execution of the obligation by mobilizing bailiff service. This has created a delay of the execution of duty.

• Details
• Contents