Provisional attachment based on bills of exchange

Since claims based on bills of exchange have different characteristics compared to a normal monetary claim, collection of this credit has a special importance. In this context, these documents which have the ?expedition and trust? principle necessitated by commercial life are subject to special legal regulations from many perspectives.The expectation of parties in an obligatory relationship is the timely performance of debts conformable to this relationship. But, not every obligatory relationship ceases in parallel to this expectation. This obligation, when it is based on a bill of exchange, it is of utmost importance for it to be performed in duly and timely manner with regard to the continuity of commercial life. Since succeeding in getting a claim with a lawsuit or legal proceedings necessitates a long time and there is the risk of debtor?s hiding assets during this process, the priority means to apply for a bill of exchange debt which is not performed on time is the provisional attachment. Due to this reason, a provisional attachment taken about bill of exchange debts shall prevent the debtor?s hiding assets and guarantee the means for the collection of credits during the long process of lawsuit and legal proceedings.In requests for provisional attachments related with the bills of exchange, interest balance between guaranteeing the means for the creditor to succeed getting the claim and unjust, disproportional provisional attachment for the debtor should be established properly. In this regard, in the provisional attachments relavant to the bills of exchange not only provisions about the provisional attachment should be taken into consideration; but also regulations in substantive law related with the bills of exchange should be focused on. For the solution of problems in implementation and for having uniformity in judgments, these matters should be analysed properly. Only by this way, loss of rights during provisional attachments based on bills of exchange may be prevented.Key Words: Bill of Exchange, Provisional Attachment, Creditor, Debtor, Collection of Credits, Balance of Interest.