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Universul Juridic magazin

The legal nature of disputes with the object of accompanying bills, checks and promissory notes by an order for enforcement


Generally, the bills of exchange law is characterized by an exclusive feature, derogatory and special in relation to common law, which requires its application both by the relevant court and judges dealing with settlement of cases in commercial matters.

The fact that the formality of accompanying by writ of execution is a preliminary stage to initiating enforcement can not lead to the conclusion that the nature of these disputes would be common law, not the commercial one, since the nature of enforcement can not rest irrelevant. And this especially since censorship of mandatory mentions of the security undoubtedly involves a certain specialization of judge of proceedings in the field of commercial law.

Specialization per subject of judges is not foreign to court’s jurisdiction, fair application of the law necessarily involving its application by the professional judge.