SUPREME
Law Office
2013/16400
2013/25100
4.7.2013
CANCELLATION OF THE FOLLOW-UP ( By the Debtor Avalists 6098 p. TBK’s 584. Md. According to The Fact That There is No Consent of Their Spouses, the Check Subject to Bet – Tracking Is Foreign Exchange / The Debtors Are Aval Issuers / The Condition of the Spouse’s Consent is Not Regulated in Order to Enter into a Commitment in the Turkish Commercial Code / It is Necessary to Decide on the Rejection of the Complaint)
FOREIGN EXCHANGE QUALIFICATION (The Check Subject to Follow-Up is Regulated According to the Provisions of the Turkish Commercial Code and Carries the Foreign Exchange Qualification / The Debtors are Aval Issuers / The Condition of the Spouse’s Consent is Not Regulated in Order to Enter into a Commitment in the Turkish Commercial Code / The Complaint Must Be Rejected – Cancellation of the Follow-up)
RESPONSIBILITY OF THE AVALIST – Cancellation of the Follow-Up – The Check Subject to the Follow-Up Bears the Quality of Exchange / The Debtors Are the Avalist / The Avalist Is Responsible Just Like Him / The Condition of the Spouse’s Consent is Not Regulated to Be Committed in the Turkish Commercial Code / The Complaint Must Be Rejected )
COMMERCIAL BUSINESS (Cancellation of Follow-Up / Subject to Follow-Up) is Regulated in Accordance with the Provisions of the Turkish Commercial Code and Carries the Qualification of Foreign Exchange / Where the Debtors Are Aval Issuers – Valuable Documents are Considered Commercial Business, So the General Provision Against the Provisions of the Turkish Commercial Code is 6098 p. He is the Md of TBK. 584 That There is No Place for the Application of the Provision in a Concrete Case, the Complaint Should be Rejected)
6098/m.584
6102/m.3,702
6762/m.3,614
SUMMARY :The case is filed under Article 584 of the Code of Obligations of the debtor avalists. according to the article, it is related to the request to cancel the bet and follow-up because their spouses do not have consent. In the examination of the cheque subject to follow-up; It is regulated according to the provisions of the Turkish Commercial Code, it is seen that it carries the quality of foreign exchange and that the debtors are the aval giver. T. No. 6102.T.K.nun702 ( TCC No. 6762.nun614 ).according to the provision of the article, the avalist is responsible, just like him, for whom he has made a commitment. In the Turkish Commercial Code, the condition of consent of the spouse is not regulated in order to enter into a commitment. Negotiable instruments No. 3 of the Turkish Commercial Code No. 6102. (TCC No. 6762.nun3. ) since they are considered commercial business according to Article 584 of the Code of Obligations, which is considered a general provision in accordance with the provisions of the Turkish Commercial Code. the article has no place of application in the concrete case. Then it is necessary to decide on the rejection of the complaint by the court.
CASE :the above date and number within hours of the court’s decision in writing upon request by the creditor temyizen this audit work-related files from the scene have been sent to the apartment and rested for the audit report to file a claim held by Judge Nese Yuksel, and read and analyzed all the documents in the file, after it was thought that the nature of the business discussed:
DECISION: 584 of the Code of Obligations of debtor avalists, according to which enforcement proceedings are initiated by the creditor by way of foreclosure on foreign exchange notes based on checks. according to the article, it is understood that they requested the cancellation of the proceedings because their spouses did not have consent, and the court decided to cancel the proceedings on the grounds that the avalists did not have the written permission of their spouses.
In the examination of the cheque subject to follow-up; It is regulated according to the provisions of the Turkish Commercial Code, it is seen that it carries the quality of foreign exchange and that the debtors are the aval giver. T. No. 6102.T.K.nun702 ( TCC No. 6762.nun614 ).according to the provision of the article, the avalist is responsible, just like him, for whom he has made a commitment. In the Turkish Commercial Code, the condition of consent of the spouse is not regulated in order to enter into a commitment. Negotiable instruments No. 3 of the Turkish Commercial Code No. 6102. (TCC No. 6762.nun3. ) since they are considered commercial business according to Article 584 of the Code of Obligations, which is considered a general provision in accordance with the provisions of the Turkish Commercial Code. the article has no place of application in the concrete case.
In that case, when it is necessary to decide on the rejection of the complaint by the court, it is incorrect to make a decision on the written grounds.
CONCLUSION : The decision of the court on the acceptance of the creditor’s appeals was taken for the reasons written above in IIK 366 and HUMK 428. in accordance with the articles, it was decided unanimously on 04.07.2013 to CANCEL it, to return the fee received in advance upon request, with a clear way to correct the decision within 10 days from the notification of the decision.