Master'sOpen Access

Representation in bills of exchance

2022
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Advisor: Prof. Dr. Hayri Bozgeyik

Abstract (EN)

Bills of exchange are bills that are highly used in daily life and especially in business life and have a high circulation ability. These bills notes are subject to strict form requirements and strict regulations by law. Due to changing conditions and accelerating life, people do not always personally issue a bill of exchange. When the person cannot personally issue a bill of exchange, another person is given the authority to represent in order to make a bill of exchange on behalf of one person. The representative issues a bill of exchange in the name and/or account of the represented with the authority of representation he has received from the representative. Here, the issue of issuing a bill of exchange should be interpreted broadly, and it should not be forgotten that all kinds of foreign exchange commitments can be made through a representative. There is no adequate and detailed regulation regarding representation in bills of exchange in the Turkish Commercial Code. For this reason, in the absence of special provisions, the representations of the Turkish Code of Obligations and other codes are applied to bills of exchange as appropriate. The fact that bills of exchange are used extensively in daily life and that people do not always issue bills of exchange themselves cause many disputes. While these disputes are being resolved, both legal and criminal responsibilities and determining who these responsibilities belong to appear as problems that need to be resolved. In this study, besides the general representation rules, the representation rules specific to bills of exchange and how the general representation rules will be applied to bills of exchange will be mentioned. In addition, the form of representation in terms of real persons, legal persons and unincorporated persons in the appearance of representation in bills of exchange will be examined in terms of legal and voluntary representation. Finally, the legal and criminal consequences of unauthorized representation, proof, refutation and problems to be experienced will be discussed. Keywords: Bills of Exchange, Legal Representation, Voluntary Representation, Organic Representation, Issuance of Exchange Bills, Acceptance, Turnover, Aval, Unauthorized Representation

Author

Büşra Kaya

How to Cite

Büşra Kaya (Master Thesis). Representation in bills of exchance, 2022, Ankara Yıldırım Beyazıt University.

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