Abstract (EN)
Cheque is qualified remittance which gives double autharizeted. Maker autharize adresse bank to pay money to benificiary and also maker autharize beneficiary for taking money from adresse bank. At the same time, cheque is a demand bill. For the payment of cheque, cheque must present to adresse bank in presentation time deadline. The bank branch has to pay money if it has in whole or in part provision when the cheque is presented. Of course amenobility of the bank to the bearer is for cheques which are presented in time and hasn?t got any bar to payment when the presentation deadline is passed and at the same time if maker didn?t back out drawee bank?s payment amenobility turns to payment freedom. The bank has to examine the cheque which is submitted for payment. Because if there is a bar for payment and the bank paid altough the bar, tha bank can?t discount the cheque cost from the drawer?s accounts. According to the TTK 724 article drawee bank is responsible for faked and changed cheque.This is an absolute liability occuring from law. n addition if maker is faulty and if drawee bank can prove this, the drawee bank can be out of responsibility or share the responsibility with the maker. If cheque is presented to the bank branch in which the cheque account exists there is no difficulty for the payment; the officer of the branch will make the required verification and and if the officer doesn?t find any problem then he/she will make the payment. If the branch of the bank which the cheque is presented is not the branch in which the cheque account exists, then, the officer will call for a provision from the branch in which the cheque account exists. If there is a doubt about the provision of the cheque then the branch will not make the payment before realising a verification. If there isn?t a provision about the cheque, then the branch must give back the cheque to the cheque holder informing about the problem. If the cheque is not paid by the drawee bank then the holder can turn to the debitors who have signatures on the cheque and make demand for the payment. The debitor who has made the payment for the cheque can turn to the preciding debitors.
Author
Fatih Mehmet Aksoy
How to Cite
Fatih Mehmet Aksoy (Master Thesis). Payment of cheque, 2007, Gazi University.
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