Change process
In German civil procedural law, the bill of exchange process is a sub-form of the document process , in which a bill of exchange that has not been paid when due is the essential evidence .
General
The purpose of the bill of exchange process is to grant the holder of a bill claim provisional legal assistance to enforce his claims based on incomplete, but usually sufficient to achieve this purpose, and to help him quickly to a decision that can be enforced by way of foreclosure . This is intended to enable the beneficiary of a bill of exchange to quickly obtain an enforcement order without having to rely on the often overloaded and therefore relatively slow regular civil litigation .
Legal issues
The switching process is regulated in Sections 602 to 605 of the Code of Civil Procedure (ZPO). These provisions apply accordingly to the check process ( Section 605a ZPO).
In addition to the issuer or endorser of the bill, the defendant in the bill of exchange can also be the drawee himself, provided that he has accepted the bill of exchange by accepting it and has thus become its main debtor. In the check process, however, the drawn bank can never be sued because it cannot effectively become the main debtor due to the ban on acceptance .
In order to be able to carry out a change process, it must be proven that no acceptance or payment has been made for the change. For this purpose , the notarization of a bill protest must be arranged, usually at a notary .
Dunning procedure
The change process can be preceded by a change dunning procedure . As with regular claims, this can be recommended if the debtor is not expected to contest the claim. Despite the already relatively quick processing of a change process, an enforcement title can be obtained even faster in this way .
Individual evidence
- ↑ OLG Hamm NJW 1976, 246 , 247
