Master'sOpen Access

The elements of the cheque and the clauses that can be written in the light of recent regulations

2019
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Advisor: Doç. Dr. Ömer Korkut

Abstract (EN)

Cheque is a type of bill of exchange commonly used in commercial life. The Turkish Commercial Law regulates the provisions regarding cheques as a type of bill of Exchange. In addition, the provisions for the regulation of payments to be made by cheque and the protection of cheque holders contained in Cheque Law. The Cheque Law number 5961 be accepted instead of the Cheque Law number 3167. After that there have been several amendments to the Cheque Law number 5941. In order to increase the confidence in the cheque and to solve the problems that have occured in practice, the "QR Code" and "Serial Number" have been added to the mandatory elements in the Turkish Commercial Code and various amendments have been added to the Cheque Law. The effects of Law No. 6728 Law on Amendment of Certain Laws In Order to Improve the Investment Enviroment and The Desicion of the Amendment in Resolution 32 on the Protection of the Value of the Turkish Curency to elements of check and the clauses are examined in this study. Our thesis study consists of two chapters which are entitled "Cheque Elements" and "Optional Clauses." In the first chapter; firstly, the elements of the cheque in Turkish Commercial Code and the Cheque Law, current changes and the problems that arise in practice are explained by evaulating. The legal consequences of the elements listed in the law, where to write the cheque and deficiencies are evaluated in line with the judicial decisions. Finally, fake or falsified cheques and liability arising from these cheque are described. In the second chapter; clauses that can be put and not placed(banned) on the request of the parties are examined. The clauses that can be put in the cheque are classified according to whether they are included in the law or not, the clauses that can not be put in the cheque classified according to the effect of the cheques. Legal consequences of this clauses are examined.

Author

Dr. Sümeyra Dobur

How to Cite

Sümeyra Dobur (Master Thesis). The elements of the cheque and the clauses that can be written in the light of recent regulations, 2019, Çukurova University.

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