Master'sOpen Access

Follow-up through foreign exchange certificates complaint and its concequences

2023
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Advisor: Dr. Öğr. Üyesi Şengül Al Kılıç

Abstract (EN)

As it is known, bills of exchange are bills that are suitable for the pace of commercial life, have the ability to circulate, and have a trust function. The fact that these bills include both rapid exchange in the commercial world and a certain security has caused them to be used frequently, and therefore to create a special follow-up path for them. Follow-up through foreclosure specific to bills of exchange has brought these two features to the fore even more in the enforcement and bankruptcy system, which already places emphasis on speed and efficiency due to the aforementioned features of bills of exchange. If the creditor of the bill of exchange cannot obtain his receivables, he tries to recover his receivables by resorting to this procedure. However, there are some specific conditions in this way of follow-up apart from the follow-up through general lien. If the executive director receives the follow-up request on this follow-up path, he must examine ex officio whether these conditions are met and send a payment order. If the bailiff accepts the follow-up request of the creditor and sends a payment order despite not meeting the necessary conditions for the follow-up through foreclosure specific to bills of exchange, or if there is a transaction that is not in accordance with the law or the event, which is not fulfilled without any reason, which is left on hold or contrary to public order, during the entire proceedings, there is a certain period of time against them, depending on the reason for the complaint. Of course, it can apply to the enforcement court to file a complaint. Keywords: Forced Execution, Enforcement Court, Bills of Exchange, Complaint, Cancellation of Proceedings.

Author

Dr. Fatma Cansel Polat Keküllüoğlu

How to Cite

Fatma Cansel Polat Keküllüoğlu (Master Thesis). Follow-up through foreign exchange certificates complaint and its concequences, 2023, Erzincan Binali Yıldırım University.

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