Blank promissory note, its guarantee and entry into insolvency of the issuer during the period of filling in the blank promissory note Cover Image
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Biletul la ordin în alb, avalul acestuia și intrarea emitentului în insolvență în perioada de completare a biletului la ordin în alb
Blank promissory note, its guarantee and entry into insolvency of the issuer during the period of filling in the blank promissory note

Author(s): Adrian Vârgolici
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: blank promissory note; banks; abusive filling in; time limit for filling in; limitation; guarantee; bill of exchange exceptions; issuer's insolvency.

Summary/Abstract: The issue of blank bill of exchange titles has always been a subject that has opened the path for debates and controversies, being always of present interest. The interest of clarifying this legal figure is not only a theoretical one, but also a practical one, the blank promissory note being a means of security frequently encountered within the credit contracts concluded by banks. The advantages conferred by the blank promissory note, consisting in the easy way of establishing the title, the flexibility of its content from the perspective of its possibility of filling in, the rapidity of its conversion into a title that can be subjected to enforcement, the restriction of the debtor’s possibilities to contest it and the celerity of the procedure for settlement of such disputes, reflect undeniable arguments for the use of such a legal instrument in the professionals’ practice. This study aims to emphasize certain aspects related to the issue of the blank promissory note, its guarantee and the defences of issuer and of the guarantor of the blank promissory note within the enforcement of the bill of exchange, also with reference to the case of entry into insolvency of the issuer.

  • Issue Year: 2015
  • Issue No: 07
  • Page Range: 95-123
  • Page Count: 29
  • Language: Romanian
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