Cheques not equivalent to promissory notes, are not deemed executive titles

In the case 'Anjake Ltd (C-7823) v Ronald Robert Balani' decided on January 17, 2017, the First Hall of the Civil Court concluded that cheques are not equivalent to promissory notes or bills of exchange and could not, therefore, be deemed executive titles in terms of Article 253 (e) of Chapter 12 of the Laws of Malta. An executive title is essentially a legal mechanism on the basis of which immediate execution can be obtained, operating on the presumption that the result of the claim or the issue at hand is no longer open to contestation. Therefore, an executive measure allows a claimant to enforce and execute his claim. Article 253(e) of the Code of Organisation and Civil Procedure (COCP) (Chapter 12 of the Laws of Malta) states inter alia that bills of exchange and promissory notes issued in terms of the Commercial Code are executive titles and can, therefore, be enforced by means of a judicial letter sent for that purpose. In the present case the applicant company filed a judicial letter requesting the court to render seven promissory notes ossia cheques executable in terms of Article 253(e). On the basis of the first proviso to Article 253(e), the respondent requested the...

from timesofmalta.com http://ift.tt/2jfw18h
via IFTTT