Late submission. Effects of Decree No 195 of 16 March 2020. Bills of exchange – the writ of forced execution. Legal completion of the enforceable title – promissory note issued „in blank”

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

Given that the present appeal to enforcement was registered on 30 April 2020, during the state of emergency, the court agreed with the Rădăuţi District Court that it was lodged within the legal time limit, without it being necessary to calculate the time limit after 15 May 2020, the objection of late submission having to be rejected.

According to the provisions of Article 33 of Law No 58/1934 in conjunction with point 187 of the Framework Rule No 6/1994 on trade by credit institutions in bills of exchange and promissory notes, the endorsement is the personal guarantee written in the text of the promissory note, by which a person assumes the obligation to pay in full the amount of the promissory note at maturity. The endorsement may also be given for a blank bill of exchange, provided that the security is completed before the rights contained therein are realised (point 193 of the NBR Framework Rule no. 6/1994). Also, point 323 of the same normative act provides that: for a bill of exchange to be valid, it is not necessary for it to meet the essential conditions referred to in Article 1 of the Law on bills of exchange and promissory notes at the time of issue, but at the time of presentation of the instrument for payment. The completion of the title must be in accordance with the agreement between the drawer and the receiver.

Therefore, the fact that the note was issued „in blank”, being only signed by the guarantor, who also filled in his details, is not such as to render the note invalid, the court dismissing the respondent-opponent's allegations.