Defences on bills of exchange
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2017
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Advisor: Prof. Dr. Hayri Bozgeyik
Abstract (EN)
In this study, it is aimed at examining and classifying pleas which the debtor of a bill of exchange can put forward to the creditor. In this context regimentations which the doctrine and The Court of Cassation adopt were processed to the study. In Turkish Commercial Code, the plea term was used in the manner that takes the objection in and in a broad sense. Because pleas which can be put forward to by the debtor of a bill of exchange contain the plea which enables the debtor to bring avoidance discharging the debt on the basis of a special cause and the objection which obstacles originating of the right and terminates a right. In other words the plea term in the bill of exchange comprises all of defense tolls concerning the substantive law. In this study, pleas in the bill of exchange examines under two main titles as peremptory pleas and relative pleas based on the classification made in accordance with influence areas. Peremptory pleas can be put forward to everybody. But relative pleas can be put forward to only those concerned. Peremptory pleas are the pleas which are distinguishable from the text of the bill and the pleas concerning invalidty of the undertaking in the bill. On the other hand relative pleas are the pleas containing all matters staying out of the peremptory pleas. Some part of relative pleas originate from the primary obligatio and the other part of relative pleas originate from private agreements.
Author
Mustafa Yasir Akteke
Institution
How to Cite
Mustafa Yasir Akteke (Master Thesis). Defences on bills of exchange, 2017, Ankara Yıldırım Beyazıt University.
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