In short
An aval and a suretyship are not the same signature in enforcement. The aval record is read from the line that stands as aval on the note. The suretyship is read from the sentence that states the status of surety. One is not rewritten as the name of the other. If there is no wording, this text does not of itself write the name aval or surety onto the signature. The name is read from the record at that place on the note. While there is no record, a name is not invented.
How the surety sentence is read is in the article on suretyship on a note. The chain of endorsement is in the article on endorsement of a note. The surety of an undertaking in the file is not a copy of these two records either. That status is in the article on an enforcement surety. This text does not rebuild those three guides.
This article answers whether the aval record and the surety sentence are counted as the same signature in the enforcement file. It does not answer the types of suretyship wording, the chain of endorsement, how proceedings are opened against a surety, or the conditions of the undertaking minute.
Two records side by side
The aval record and the surety sentence are not the same line. If the two stand side by side on the note, there are two records. If one is missing, the one that is missing is not completed with the name of the other. The signature standing does not choose a status before the wording beside it or under it is read. A status that is not chosen is not added later to the request for proceedings.
The wording can stand on the face of the note and on the back. The aval record on the face is not the short name of the surety sentence on the back. The sentence on the back does not erase the record on the face either. Which face is read is separated from the original of the note. If one face is missing on the photocopy, the missing face is not counted as the continuation of the face in hand. A status is not invented for the missing face.
If the signature is crossed out, the wording is scribbled over or another word is written on it, the state that appears is read. The scribbled word is not brought back by guesswork from underneath. The word written on top does not of itself make the record below an aval or a surety. If two layers stand, the two layers are marked apart. A layer that is not marked is not passed into the request for proceedings as a single status.
The status in the request
The request for proceedings does not add to the debtor column a status that is not on the note. If the request writes surety and the note has only an aval record, the word in the column does not change the record on the note. In the reverse, the surety sentence on the note is not renamed an aval. If the status on the payment order is wider than the note, the place that widened is marked from the order's own text. The mark does not erase the wording on the note.
The request can write more than one person into the same column. Each person's status is read from their own record on the note. One person's aval record is not shared as the surety sentence of the person beside them. If both were called surety in the request, the word that was said does not merge the separate wording on the note. The payment order carries the same limit. The order does not of itself enter on the debtor line a status whose name is not on the note.
If the copy of the note and the original of the note contradict each other, the wording on the original is read. If the person who wrote the copy added the word aval, the added word is not counted as a record while it is not on the original. If the original is not present, the wording on the copy is not completed as if the original existed. Wording that is not completed does not confirm the status in the request. A status that does not confirm is not chosen in this text as the correct status.
If there is no wording, a name is not written
If the signature stands and the word aval or surety is not beside it or under it, this text does not put a name on that signature. The detail of the naming in the statute is not built here. What is built is the record written on the note. If the record is silent, the silence is not filled with the word in the request. A place that is not filled is not treated as completed as aval or surety on the payment order either.
A signature written as witness, drawer or debtor is not put in the place of the aval record. If those words stand, the word that stands is read. The word is not turned as the short writing of another status. The company stamp and the handwritten signature beside it stand apart too. If the stamp shows a title and the signature a name, the two are not merged as a single status of one person. The merger is read if it is written on the note as a single record. If it is not written, two traces stay two traces.
If the aval record speaks of a limit, the limit is read from the word written on that line. If there is no limit on the line, this text does not add a limit. The surety sentence is also whatever it says in its own sentence. The types of the sentence are in the suretyship article. A type is not chosen here. A type that is not chosen is not carried to the aval record either.
Endorsement and the surety of an undertaking
An endorsement is the transfer or collection side of the note. It is not the name of the aval record or of the surety sentence. How the endorsement is read is in the article on endorsement. The signature on the endorsement line is not named an aval while the word aval is not under it. If a chain of endorsement stands beside the aval record, the chain does not erase the aval. The aval does not of itself take the name of endorser either. Which signature is discussed is separated by marking its place on the note.
The surety of an undertaking in the file is not the continuation of the record on the note. The undertaking minute is the paper of a promise given in the enforcement file. The signature on that paper does not fill the aval line that stayed blank on the note. The aval record on the note does not have a surety sentence written on the undertaking minute either. Even if the two signatures belong to the same person, two documents are two documents. One does not borrow the other's date or scope.
If avalist, surety and surety of an undertaking are lined up on the same line on the payment order, the order is not accepted as correct before the note and the minute stand. Which word belongs to which paper is marked. If there is no mark, the three words are not read as a single status.
Two signatures in the same person
If the same person signed both on the aval record and in the surety sentence, two records stand. One does not erase the other. Which signature is discussed is marked in the request or in the objection. While there is no mark, the two signatures are not merged as a single signature. A signature that is not merged does not widen the other's scope in this text either.
If the person later says I do not recognise one signature, the recognition should show which line it concerns. If it does not show it, both records are not treated as having fallen. An objection on one line does not change the wording of the other line. If the objection petition adds a name that is not on the note, the added name does not take the place of the note. The original of the note and the objection are placed side by side. A name that does not match does not repair the status in the request for proceedings either.
If one of the two signatures is under the company stamp and the other is beside a personal sentence, which status is discussed again requires a mark. The mark does not of itself distribute the stamp as a personal suretyship and the personal signature as an aval. The distribution is made from the word written on the note. If there is no word, no distribution is made.
The copy and more than one note
If the copy of the note carries an approval endorsement, the endorsement shows where the copy came from. The endorsement does not give birth to the word aval or surety that is not on the note. If the wording that appears on the copy contradicts the original, and the original stands, the original is read. If the original does not stand, the wording on the copy is not widened as if the original existed. Wording that is not widened does not confirm the status on the payment order either. If the back of the copy was not taken, the face that was not taken does not take a name from the signature on the front.
If more than one note is in the same file, each note's record is separate. The aval on one is not the name of the surety sentence on the other. If the request for proceedings wrote a single status for all the notes, the status that was written is compared one by one with each note's own wording. Before the comparison is made, they are not announced as all aval or all surety. If one note is silent in the comparison, the silent note does not take a name from the other's wording.
The amount, maturity or payee line on the note is not the subject of this article. Those lines do not turn the aval record into a surety sentence. The turning is not made from anywhere other than the wording's own word. The payee changing later does not have a new surety sentence written onto the old aval record either. If the change is not on the note, the status in the request is not treated as having completed the change.
A handwritten note on the copy is not counted as a record if the note does not also stand on the note itself. If the note is on the original, it is read with its place on the original. If its place is not the aval line, the note does not turn the aval record into a surety sentence. A note that does not turn does not become the basis of the status in the request either. The basis is the note's own wording. If the wording stands on one note and not on the other, the absence is not copied from the full note.
Conclusion
The aval record is read apart from the surety sentence. A status that is not on the note does not arise with the request for proceedings. An endorsement and the surety of an undertaking are not the name of these two records either. The framework is on the enforcement and bankruptcy law page. The basis of enforcement proceedings is the text of Enforcement and Bankruptcy Code No. 2004. The two records are read from the note. If the original of the note stands, contact is made over those records.