The Practical Application of the Concepts of the “Principle of Abstraction” and the “Ordinary Course of Life” 2
In an incident that occurred years ago:
A young man, unemployed and living off the allowance he received from his grandmother, dressed someone in a “courier” uniform, handed them an empty package, and sent them to his grandmother’s home address, instructing them to say, “This package was sent to you from Germany; it contains the medications you’ve been waiting for.” In this way, he ensured the delivery of the empty package he had prepared in exchange for his grandmother’s signature…
When the elderly woman received the package from the “delivery person,” she believed she was signing the “Delivery Receipt”; however, after enforcement proceedings were initiated against her, she realized she had actually signed the execution section of a blank promissory note!
In this case, the elderly woman, who had fallen into debt, filed a declaratory action through her attorney after being required to pay an extremely high promissory note debt via enforcement proceedings; she argued that “the defendant creditor’s grandson had lent her such a large sum, which was contrary to the normal course of life, and that the defendant creditor should be questioned on this matter,” but unfortunately, this claim was not accepted by either the local court or the 19th Civil Chamber of the Court of Appeals, and the declaratory action she filed was dismissed…