PROCEDURE OF THE PAYMENT ORDER. BETWEEN SPEED AND RESPECT FOR THE RIGHT TO DEFENCE
PROCEDURE OF THE PAYMENT ORDER. BETWEEN SPEED AND RESPECT FOR THE RIGHT TO DEFENCE
Author(s): Roxana Maria RobaSubject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law
Published by: Editura University Press, Universitatea de Medicina, Farmacie, Stiinte si Tehnologie “George Emil Palade” din Targu Mures
Keywords: payment order; claim; right of defence; documents; contract;
Summary/Abstract: The procedure of the order for payment is a special procedure for solving requests that can be made in a short term and with lower expenses, the recovery of certain receivables. The celerity of the procedure allows the court to examine exclusively the documents and statements of the parties, on the basis of which the court will order the admission or rejection of the application. In the latter case, the creditor may file a claim under common law in order to obtain the debtor's obligation to pay the remainder of the debt.This study aims to analyse this special procedure in terms of respect for the rights of defence of the parties, in the light of recent judicial practice.
Journal: Curentul Juridic
- Issue Year: 105/2026
- Issue No: 2
- Page Range: 36-44
- Page Count: 9
- Language: English
