Negative declaratory actions filed based on bills of exchange

A negative declaratory action is a unique lawsuit in execution and bankruptcy law where the plaintiff seeks to establish that they are not a debtor to the defendant creditor. The debtor eliminates the enforcement initiated against them by the non-creditor defendant by filing a negative declaratory lawsuit in general courts. This prevents the misuse of the state's executive and sovereign power against the debtor. The application of constitutional articles in Execution and Bankruptcy Law is beyond any doubt. Within the framework of the right to equality in the constitution, the rights and powers of the parties in execution must be balanced as much as possible. The creditor should not be deprived of the opportunity to collect their receivable, and the debtor should not be left to the disposal of the creditor merely due to a monetary debt. In this respect, the negative declaratory lawsuit ensures a balance between rights. The foundation of negative declaratory lawsuits arising from bills of exchange is based on the bills themselves. Therefore, the mandatory elements of bills of exchange have been emphasized. The legislator's significance attributed to the bill of exchange is beyond doubt. Therefore, the legislator, foreseeing a different enforcement procedure specific to bills of exchange, has stipulated different enforcement provisions compared to other types of enforcement.