Restrictions preventing the withdrawal of deposits

The Article 61 of the Banking Law No 5411 imperatively states that the right of account holders to withdraw their deposits shall not be restricted in any way whatsoever. The previous banking legislations before the Law No 5411 included such a provision in parallel with the Article 61.In principle, the account holders may withdraw their deposits freely and whenever they would like to do. The exceptions of this principle, in other words the obstructive matters related to the withdrawal of deposits are stated in the Banking Law. The exceptions stated in the Banking Law are the ones that are mostly met in practice. However, the exceptions related to the withdrawal of deposits are not limited as it is stated in the Banking Law. There exist other exceptions related to the ithdrawal of deposits stated in other laws but not in the Banking Law. The subject matter of this thesis, restrictions preventing the withdrawal of deposits, is examined under three chapters.In the first chapter, the deposit is defined and elements of deposit are examined one by one. It is underlined that the most important element is to pay back the deposit which concerns the subject matter of this thesis directly. Afterwards, the legal opinions in the doctrine concerning the judicial nature of deposit are indicated together with the references to jurisprudences and then we indicated our opinion concerning this matter. The maturity and the types of deposits are examined in this chapter under a different topic. Finally, the freedom of withdrawal of deposits is examined. Various ways of withdrawal of deposits are examined under different topics. In the second chapter, the restrictions preventing the withdrawal of deposits stated in the Article 61 of Banking Law are examined under different topics with their legal basis and making references to the jurisprudences.The prescription under the Article 62 of Banking Law is examined in the second chapter as a restriction that prevents the account holders to withdraw their deposits. In the third chapter, the restrictions, which prevent the withdrawal of deposits and prevent the account holders to make transactions in their accounts solely, stated in other regulations except Banking Law, are examined under different topics with references to the related jurisprudencesKey Words:1.Bank2.Deposit3.Bank account4.Withdrawal of the deposit5.Authority in a bank account