THE INVESTMENT OF THE PAYMENT INSTRUMENTS WITH EXECUTORY FORMULA

The judge-made-law is not unitary regarding the necessity to invest with executory formula the cheque and the bills payable to order, and the same courts interpreted the dispositions from the civil procedure code excluding the special laws which established the juridical conditions for the cheque and bill payable to order. At the same time, other courts grant priority to the special laws which established the regime of writ of execution for this payment instruments. Because of this disparity the attorney general has filed an appeal in the interest of law and the solution of the Highest Court of Cassation and Justice was to admit the appeal and to dispose to invest them with executory formula.