265/1997

COURT OF APPEAL OF THESSALONIKI

ΑΡΜ/1997 (373) Securities. Bank cheque. Payment order based on cheque: constitutes enforceable title. Objections by claims from payment order may be suggested only via opposition or action for declaratory judgment, depending on the case, but not via objection in a trial of personal detention pronouncement due to request from payment order.

7456/2008 
SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Bills of exchange. Opposition against payment order. The obligation for pre-evidencing presentation of the original title, which is liability of the lender-respondent in the opposition, and the violation of which leads to immediate acceptance of the opposition as founded, exists only when the petitioner states allegations referring to the title’s defects, proved by the content or related to the quality of the opposing party, as legal bearer of the title, since in any other case, the possession is not doubted. Invalidity of payment order because bills of exchange do not mention the place of issue and there is no notice of such details next to the issuer’s name.