Author
Coşkun, Yuzarsif Selçuk
Publication Date
2022-10-13T11:49:57Z
Subject
Check, Sight, Payment, Check agreement, Authorized bearer, Right of complaint, Execution, Check, Presentation, Payment, Check agreement, Provision, Authorized bearer, Right of complaint, Execution
Type
Document
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Record ID
240d3538-efb4-46dc-96e5-ac0d58be9529
Library Location
Department of Public Law
Date
2022-10-13T11:49:57Z
Sample Text
A check is a negotiable document that has been widely used in economic life since ancient times, is subject to strict formal conditions, and has the characteristics of a bill of exchange. The legislator has introduced a number of regulations in order to prevent the check used as a means of payment from being used contrary to the rules of honesty and good faith and to impose penal sanctions on the drawer in case the check amount is completely or partially dishonored. In the context of the widespread use of cheques in society, increasing trust in cheques and protecting the holder, the "Law on Amending Certain Laws for the Purpose of Improving the Investment Environment" was adopted on 09.08.2016. In this context, some new regulations have been introduced in the Check Law No. 5941 and the Turkish Commercial Code. Accordingly, a QR code and a bank serial number were added to the check, the investigation phase was abolished by changing the trial procedure, it was envisaged that a trial would be held in accordance with the relevant articles of the Enforcement and Bankruptcy Law, and that if the amount written on the check remained partially or completely dishonored, the relevant person would be sentenced to a judicial fine, and if the judicial fine was not paid, the penalty would be converted into a prison sentence. Our subject of study is to examine the crime of causing a "gratuitous" transaction in the light of legal changes, current doctrine and judicial decisions., A check is a valuable document that has the characteristics of a bill of exchange subjected to strict form conditions, has been widely used in economic life since ancient times. The legislator has introduced a number of regulations in order to prevent the check used as a means of payment from being used against the rules of honesty and goodwill, and to impose a penal sanction on the drawer in case the check value is totally or partially unrequited. In the context of the widespread use of the check in the society, the increase of trust in the check and the protection of the bearer, on august 9th,2016, Law No. 6728 of the Law on the Amendment of Certain Laws for the Improvement of the Investment Environment was adopted.In this regard, some new regulations have been introduced in the Check Law No. 5941 and the Turkish Commercial Code. Accordingly, QR code and bank serial number were added to the check, the investigation phase was abolished by making a change in the procedural procedure, a trial will be made in accordance with the relevant articles of the Execution and Bankruptcy Law, the person concerned will be sentenced to a judicial fine in case the amount written on the check is partially or completely unrequited. It is foreseen that if the penalty is not paid, the penalty will be commuted to a prison sentence. Our study subject is to examine the crime of causing the "unrequited" process in the light of legal changes, current doctrine and judicial decisions.
