According to the proof rules in our law, in order for the claim that there is no debtor due to the check or promissory note to be acceptable, the burden of proof in this regard must first be fulfilled. The burden of proof falls on the plaintiff debtor in the negative declaratory action filed by claiming that the check or bill is free of charge.
As an exceptional case, a separate regulation is envisaged for the receivables taken over by factoring companies. Accordingly, even if the receivable taken over by the factoring company stems from a bill of exchange, it must be confirmed with an invoice or similar documents pertaining to the main relationship that gave rise to the receivable.
As a result, in order to prevent grievances, it is important to issue a written document on the basis of which legal relationship these documents are based on, in the delivery of checks and bills. In this case, the burden of proof regarding the basis of the said bills will be met. After this stage, if the proof that the contract has not been fulfilled is provided or if it is proved with a written document that the price of the bill is paid, the claim for free of charge will be legally protected in the negative detection case. In case of payment of the receivable, which is the subject of a negative declaratory action, the demand will turn into a recovery of the price.
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