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Defences on bills of exchange and burden of proof

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2023
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Abstract (EN)

This study aims to evaluate the proving process of pleas that could be claimed by bill of exchange creditors. The concept of plea from the point of bill of exchange debtors is used in a broad sense in Turkish Commercial Code. This concept also covers the objections that could be placed by a bill of exchange debtor. Plea includes the means of defense that provide the debtor with the opportunity to avoid honoring his / her liability due to a specific reason, as well as the objections that prevent arising of a certain right or terminate it. Because of that, the concept of plea with regard to bills of exchange covers the entire means of defense related to the substantive law. In this study, pleas in relation to bills of exchange were taken into account as absolute and relative pleas based on the classification made according to the sphere of influence, while the forms of proof were considered accordingly. In the study, the burden and exceptions to proof in bills of exchange were analyzed. With regard to the form of proof, the rule of proving with a bill against a bill and its exceptions were emphasized. Keywords: Bill of Exchange, Plea, Burden of Proof

Author

Türkan Gülin İskipci

How to Cite

Türkan Gülin İskipci (Master Thesis). Defences on bills of exchange and burden of proof, 2023, Hasan Kalyoncu University.

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