T.LAW DEPARTT.C.
SUPREME COURT
LAW DEPARTMENT
2013/16400
2013/25100
4.7.2013
CANCELLATION O.C.
SUPREME COURT
LAW DEPARTMENT
2013/16400
2013/25100
4.7.2013
CANCELLATION OF THE PURSUIT (Debtor by the Avalists 6098 P. 584 of the TCO. Md. According to the Bet, Since Their Spouses Do Not Have Consent, the Subject of the Follow–Up is that the Check Carries the Foreign Exchange Qualification/The Debtors are the Issuers/The Condition of Consent of the Spouse is Not Regulated in Order to Enter Into an Obligation 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 /Debtors are Aval Issuers / The Condition of Consent of the Spouse is Not Regulated in Order to Enter into an Obligation in the Turkish Commercial Code/The Complaint Must be Rejected – Cancellation of the Follow-Up )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 /Debtors are Aval Issuers / The Condition of Consent of the Spouse is Not Regulated in Order to Enter into an Obligation in the Turkish Commercial Code/The Complaint Must be Rejected – Cancellation of the Follow-Up )
RESPONSIBILITY OF AVALISTIN ( Cancellation of the Follow-Up – The Subject of the Follow-Up is that the Check Carries the Foreign Exchange Qualification/The Debtors Are the Issuers of the Loan/Avalistin is Responsible Just Like Him For Whom He has Entered Into an Obligation/The Turkish Commercial Code Does Not Regulate the Condition of Consent of the Spouse to Enter into an Obligation/The Complaint Must Be Rejected )
COMMERCIAL BUSINESS (Cancellation of Tracking / Check Subject to Tracking Is Regulated in Accordance with the Provisions of the Turkish Commercial Code And Carries an Exchange Rate Qualification / Debtors Are Issuing Loans – Negotiable Instruments Are Considered Commercial Business, Which is Considered a General Provision Against the Provisions of the Turkish Commercial Code S 6098.OMMERCIAL BUSINESS (Cancellation of Tracking / Check Subject to Tracking Is Regulated in Accordance with the Provisions of the TurkiERCSUMMARY :The case is based on the debtor avalists’ Code of Obligations 584. according to the article, it relates to the request for cancellation of the bet tracking because their spouses do not have consent.UMMARY :The case is based on the debtor avalists’ Code of Obligations 584. according to the article, it relates to the request for cancellation of the bet tracking because their spouses do not have consent. Upon examining the check subject toSUSUMMARY :The case is based on the debtor avalists’ Code of Obligations 584. according to the article, it relates to the request for cancellation of the bet trackingRY :The case is based on the debtor avalists’ Code of Obligations 584. according to the article, it relates to the request for cancellation of the bet tracking because their spouses do not have consent. Upon examining the check subject to the investigation, it is seen that it is drawn up in accordance with the provisions of the Turkish Commercial Code and has the quality of a bill of exchange, and that the debtors are the guarantors. Law No. 6102T.K.According to the provision of article nun702 ( 6762 of the Turkish Commercial Code.nun614 )., the avalist is responsible just like the person for whom he undertakes. The Turkish Commercial Code does not regulate the condition of spousal consent for undertaking obligations. Negotiable instruments are regulated in Article 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 are considered a general provision against the provisions of the Turkish Commercial Code. there is no place for the application of the article in the concrete event.TCC No. 6762.nun3. ) since they are considered commercial business according to Article 584 of the Code of Obligations, which are considered a general provision against the provisions of the Turkish Commercial Code. there is no place for the application of the article in the concrete event. In that case, it is necessary to decide on the rejection of the complaint by the court.
CASE: Within the period of the court decision with the date and number written above, the audit of the appellant was sent to the apartment from the scene of the file related to this business upon request by the creditor, and the report organized by the Audit Judge Neşe Yüksel for the case file was listened to and all the documents in the file were read and examined, and the necessity of the work was discussed and considered:
DECISION: The creditor has initiated enforcement proceedings based on a bill of exchange based on a check, and the debtor endorsers are subject to Article 584 of the Code of Obligations.ECISION: The creditor has initiated enforcement proceedings based on a bill of exchange based on a check, and the debtor endorsers are subject to Article 584 of the Code of Obligations. according to the article, it is understood that they requested the cancellation of the follow-up because their spouses did not have consent, and the court decided to cancel the follow-up on the grounds that the avalists did not have the written permission of their spouses.
When examining the check subject to follow-up; It is arranged according to the provisions of the Turkish Commercial Code, it is seen that it carries the foreign exchange qualification and that the debtors are the issuers. T No. 6102.WhWhen examining the check subject to follow-up; It is arranged according to the provisions of the Turkish Commercial Code, it is seen that it carries the foreign ehen examining the check subject to follow-up; It is arranged according to the provisions of the Turkish Commercial Code, it is seen that it carries the foreign exchange qualification and that the debtors are the issuers. T No. 6102.T.K.nun702 (TCC No. 6762.nun614 ).according to the provision of the article, avalist is responsible for whomever it has entered into an obligation for, just like him. The Turkish Commercial Code does not regulate the condition of consent of the spouse to enter into an obligation. Negotiable instruments 3 of the Turkish Commercial Code numbered 6102. (TCC No. 6762.nun3. ) since they are considered commercial business according to Article 584 of the Code of Obligations, which are considered a general provision against the provisions of the Turkish Commercial Code. there is no place for the application of the article in the concrete event.) since they are considered commercial business according to Article 584 of the Code of Obligations, which are considered a general provision against the provisions of the Turkish Commercial Code. there is no place for the application of the article in the concrete event.
In that case, while it is necessary to decide on the rejection of the complaint by the court, the provision of judgment on written grounds is inappropriate.
RESULT: Acceptance of the creditor’s appeal objections and annulment of the court’s decision for the reasons stated above in accordance with Article 366 of the EBL and Article 428 of the HUMK.LT: Acceptance of the creditor’s appeal objections and annulment of the court’s decision for the reasons stated above in accordance with Article 366 of the EBL and Article 428 of the HUMK. In accordance with the articles, it was d
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