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Law No. 295 15 May 2002 Approving Ordinance No. 5/2001 On The Payment Order Procedure

Original Language Title:  LEGE nr. 295 din 15 mai 2002 pentru aprobarea Ordonanţei Guvernului nr. 5/2001 privind procedura somaţiei de plată

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LEGE no. 295 295 of 15 May 2002 for approval Government Ordinance no. 5/2001 on the procedure for the payment procedure
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 380 380 of 5 June 2002



The Romanian Parliament adopts this law + Article UNIC Approval Government Ordinance no. 5 5 of 19 July 2001 on the procedure for the payment procedure, adopted pursuant to art. 1 1 section V. 1 of Law no. 324/2001 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 422 of 30 July 2001, with the following amendments: 1. In Article 4, paragraph 2 shall read as follows: " (2) In all cases, for the settlement of the application, the judge orders the citation of the parties, according to the provisions of the Code of Civil Procedure relating to urgent cases, for explanations and clarifications, as well as to arouse the payment the amount due by the debtor or for the understanding of the parties on the payment arrangements. " 2. Article 8 shall read as follows: "" Art. 8. -(1) Against the ordinance provided for in art. 6 6 para. (2) the debtor may make the request for cancellation within 10 days from the date of delivery or communication. (2) The application for annulment shall be settled by the competent court for the trial of the merits of the case at first (3) The application for annulment shall be filed with the court where the judge who gave the order This, if it does not find its own competence, will send the file to the competent court ((2). (4) If the court vested admits the request for annulment, it will annul the order, ruling an irrevocable ruling. Art. 7 7 shall apply accordingly. (5) The judgment by which the request for annulment was rejected may be appealed within 10 days by the debtor. The appeal shall be adjudicated within 30 days. " 3. In Article 9, paragraph 2 shall read as follows: " (2) At the request of the creditor, ((1) or, as the case may be, the ordinance against which the request for cancellation provided for in art. 8, which, however, was rejected by decision remaining irrevocable by non-reinsurance or by rejecting the appeal, will be invested with the enforceable formula, according to the provisions of the Code of Civil Procedure. Thus invested, the ordinance constitutes enforceable title, which is issued to the creditor. The title, in copy, shall also be communicated to the debtor. " 4. Article 11 shall be repealed. 5. Article 11 (1) shall be inserted after Article 11: "" Art. 11 11 ^ 1. -(1) The order and decisions rendered by the court, under the conditions of this ordinance, have no working authority on the merits of legal relations between the parties. (2) The provisions of art. 338 338 of the Code of Civil Procedure shall apply accordingly. ' This law was adopted by the Chamber of Deputies at the meeting of April 15, 2002, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, BOGDAN NICULESCU DUVAZ This law was adopted by the Senate at the meeting of April 15, 2002, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, ALEXANDRU ATHANASIU --------------