Legal and criminal sanctions for issuing a bounced check and a bounced check
2023
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Advisor: Dr. Öğr. Üyesi Şengül Al Kılıç
Abstract (EN)
According to Turkish legislation, check is a payment method that is frequently used in practice, and it is a type of bill of exchange that includes comprehensive and detailed provisions, considering the regulations within the scope of the Turkish Commercial Code and the Check Law. For having a valid check, it is necessary to comply with the strict form requirements stipulated in the Law. In order to be subject to the sanctions stipulated in the Law as a result of the bounced check, it must first be drawn up in accordance with the form requirements of the Law. If the check, which is drawn up in accordance with the format conditions, is not paid due to the lack of sufficient provision in the check account, even though it is submitted in due time, a bounced check will be issued. In our law, there are both legal and criminal sanctions for issuing bounced checks. As a legal consequence of issuing bad checks, the authorized holder has been granted the right of application against the debtors, provided that she complies with the procedure stipulated in the Law. The criminal sanctions of issuing bounced checks, on the other hand, have constituted one of the areas where the most changes have been experienced in the field of check law from past to present. According to the current legislation, issuing bounced checks is considered as a "crime". In our study, the conditions sought in the Law for the characterization of the check as bounced have been emphasized, the legal and criminal sanctions of the bounced check have been included, and the opinions in the doctrine and practice and the existing discussions on this issue have been tried to express the conclusions we have reached. Keywords: Check, Issuing Bounced Check, Legal Sanctions, Criminal Sanctions.
Author
Dr. Abdullah Arslan
Institution
How to Cite
Abdullah Arslan (Master Thesis). Legal and criminal sanctions for issuing a bounced check and a bounced check, 2023, Erzincan Binali Yıldırım University.
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