16. Acţiune în stabilirea termenului de restituire în cazul unui împrumut de consumaţie încheiat verbal
16. Action to determine the time limit for repayment in the case of an oral consumer loan

Summary/Abstract: The legislator has established by a special rule in the field of consumer loan contracts that the admissibility requirements of the injunction are presumed: urgency, timeliness and non judgment of the merits. However, it is essential for the success of the action that the appearance of entitlement be in favour of the plaintiff, that is to say, that the existence of the loan be proved in accordance with the law. The procedure of the presidential order to which Art. 2.162 para. (3) of the Civil Code is summary, derogating from the ordinary law and incompatible with the taking of complex evidence, which is specific to actions based on the ordinary law. Therefore, the appellant cannot make use of this procedure to prove the existence of the oral loan referred to in the action, having to produce the document establishing the agreement, because the analysis which the court can carry out in the present proceedings is a summary one, and the most that can be done is to 'feel' the merits of the case in order to see on whose side the apparent right exists. Moreover, it is clear from the wording of Article 2.162 of the Civil Code that the procedure of the order for payment is subject to an expressly established purpose, namely that of determining the due date of the obligation to repay the loan, which means that the other elements of the agreement must by hypothesis be unequivocally proven in advance.

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