Master'sOpen Access

Action for negative determination based on benefits in exchange benefits

2021
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Advisor: Dr. Öğr. Üyesi Selen Karaağaç

Abstract (EN)

Valuable documents; The promissory note consists of three main elements: the existence of a right that can be the subject of a negotiable instrument, and the inalienability and inalienability of the right separately from the bill. Bills of exchange, on the other hand, are valuable documents that have many functions in commercial life and are divided into three as policy, bond and check. Bills of exchange are intangible bills for a reason. However, although these bills are abstract from the reason, there is a legal reason for the bills of exchange other than the souvenir bills. This legal relationship is called the basic debt relationship. If there is no fundamental debt relationship or if it exists but disappeared later, the bill of exchange becomes free of charge. Based on the free bill of exchange, people who are apparently in debtor position have been given the opportunity to prove that they are not indebted by filing a negative declaratory action. The basis of our thesis is that the definition of the concept of free will not find a place for regulation in the TCC, TTK, and İİK. Therefore, the issue of proof is very important in the issue of free of charge, which is tried to be placed on a legal basis based on the definition of jurisprudence. Our aim in our thesis study is to shed light on the negative declaratory action filed due to the free of charge, which is almost never mentioned in the legal regulations, but which is encountered in most areas in commercial life, from our side.

Author

Deniz Gür Doğan

How to Cite

Deniz Gür Doğan (Master Thesis). Action for negative determination based on benefits in exchange benefits, 2021, Çağ University.

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