Publication details
Elektronický platební rozkaz?
Title in English | Electronic payment order? |
---|---|
Authors | |
Year of publication | 2009 |
Type | Article in Periodical |
Magazine / Source | Právní fórum |
MU Faculty or unit | |
Citation | |
Field | Law sciences |
Keywords | payment order |
Description | The article deals with a new provision of § 174a Czech Civil Procedure Code, which has introduced the institute of an "electronic payment order" beside the existing regulation of payment order. The attempt at creating a new kind of "electronic" payment order beside the "regular" payment order cannot be in any way accepted. The only differences between both "kinds" of payment orders are only in the use of interactive form and the introduction of CZK 1 000 000 financial limit for the use of electronic payment order; these differences do not affect the substance of these institutes in any way. Nor it is possible to take foreign regulations as ground for reasoning, because neither in these cases does the legislator rely on the regulation of electronic payment order (as a new institute existing beside "non-electronic" regulation of order procedures), but only on the regulation of the use of electronic means in the processing of proposal for issuing payment orders, which is something comletely and substantially different. |