The condition for validity of check
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Abstract (EN)
The bills of exchange are regulated in the relevant provisions of the Turkish Commercial Code. The bills of exchange are negotiable documents which hold monetary value. The bills of exchange must meet the strict requirements of the law. Being subject to strict rules regarding form has increased the circulating force and reliability of the bill of exchange. There are two main laws governing the provisions regarding the check. These are the Turkish Commercial Law (TCC) no. 6102 and the Check Law (CL) no. 5941. The provisions of the TCC protect the drawer. Furthermore, the provisions of the CL protect the check holders and the public order. The Convention Providing A Uniform Law for Cheques (CPULFC) indicates six minimum mandatory items to be included in a check. In the Turkish Legal System, two additional mandatory elements have been added which were not included in the CPULFC. One of them is the QR code and the other is the serial number. Strict conditions have been imposed through legislative regulations for the purposes of "contributing to the measures to register the informal economy ", "the prevention of tax avoidance and evasion", "prevention of financing of terrorism" and "money laundering". In our study, the validity requirements that consist of the minimum obligatory elements, mandatory alternative elements and auxiliary elements are explained in detail. Consequently, the provisions brought by the CL No. 5941 has made the check a means of payment that is unique to the Republic of Turkey. Considering the specific situation of the check, it was seen that the confidence and circulation force of the check must be strengthened with strict requirements as to form. This study aims to contribute to the literature by examining these elements.
Author
Mahmut Saatçı
How to Cite
Mahmut Saatçı (Master Thesis). The condition for validity of check, 2020, Yeditepe University.
License
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