Master'sOpen Access

Loss of valuable documents and annulment lawsuit

2023
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Advisor: Doç. Dr. Tayfun Ercan

Abstract (EN)

The negotiable instrument is regulated between Articles 641 and 849 of the Turkish Commercial Code, and the subject of our thesis is the case of loss and annulment, which has a very wide application within the law of negotiable instruments. Which situations will be accepted as loss, the ways that the bearer can apply in case of loss and the ways to be followed in the cancellation process have been mentioned, the issue has been tried to be clarified with the opinion of the doctrine and judicial decisions on controversial issues, and in our opinion, the most correct opinion has been put forward. Our study consists of five main sections. After giving general information about the valuable documents in the first part, in the second part, the concept of loss, information about the preventive measure and the annulment lawsuit and its conditions are mentioned. In the third section, cancellation procedures according to the types of promissory notes, and in the fourth section, the effect on the persons related to the promissory note with the result of the cancellation decision are mentioned. In the last section, the conditions, nature, trial stages and results of the restitution case are mentioned.

Author

Leyla Ayan Omuş

How to Cite

Leyla Ayan Omuş (Master Thesis). Loss of valuable documents and annulment lawsuit, 2023, Gaziantep University.

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