Czech era

There is a ban on accepting checks as a means of payment. As a result of this prohibition, a check may only be presented to the addressee for payment purposes, and if there is a cash equivalent, the amount will be paid to the recipient by the addressee. In practice, postdated checks are frequently issued. For this reason, checks are constantly transferred until the presentation date. TTK does not impose any obstacle to the transfer of a check even within the presentation period. Checks are negotiable documents written to order. Although the checks are written to order by law, it is also possible to issue checks to the name and bearer, as per the Turkish Commercial Code. For this reason, it will be necessary to examine the transfer of checks under 3 headings.

TRANSFER OF PRINTED CHECK

The Turkish Commercial Code defines registered promissory notes in Article 654. The relevant article is as follows: "Negotiable instruments that are written in the name of a specific person but do not include registration to his order and are not legally considered among the written instruments are considered as registered instruments." A written transfer declaration is also required in the promissory notes. This declaration can be written on a negotiable instrument or a separate piece of paper.'' With expressions such as this, a written transfer declaration is required for the transfer of registered promissory notes. Again, according to TCC 788/2, a check stipulated to be paid in favor of a specific person with the clause "Not to order" or a similar clause can only be transferred by assignment of the receivable. This transfer gives rise to the legal consequences of the assignment of the receivable. With the expressions such as "It has been stipulated that registered checks can be transferred through the assignment of the receivable. When the relevant law articles are evaluated together, a declaration of transfer of possession and assignment of the receivable is required for the transfer of a registered check. Assignment of receivables is subject to Article 183 et seq. of the Code of Obligations. Since it is regulated in the articles, the form and legal consequences of the transfer will be regulated in accordance with these articles. Transfer of a registered check throughendorsement+transfer of possession will not produce any results.

TRANSFER OF EMRE WRITTEN CHECK

Article 824 of the Turkish Commercial Code defines promissory notes as follows: "Negotiable instruments that are written to order or legally considered as such are among the promissory notes." TTK 788/1, on the other hand, considers a check issued in favor of a specific person as a check issued to order, even if it does not explicitly include the order.

TTK 788/1 also states the necessary conditions for the transfer of the check written to order. The relevant article ''A check payable in favor of a specific person, with or without the express condition of "written to order", may be transferred by endorsement and possession.''

It is clearly stated in the law that turnover + transfer of possession is required for the transfer of a check written to order. The turnover must be unconditional and unconditional. Otherwise, these terms will be deemed not written. Partial endorsement of a check is prohibited. Again, the addressee's endorsement is deemed void in accordance with the Turkish Commercial Code. The addressee's endorsement is considered as a receipt. Types of endorsement and detailed information about endorsement in check, you can review our article.

TRANSFER OF BEARER CHECK

TTK's 788/2 and 788/3. In its articles, it defined bearer cheque. Relevant articles"A check issued in favor of a specific person with the addition of the words "or bearer" or another similar phrase is deemed to be a bearer check." and "A check that is not indicated in whose favor it is drawn is deemed to be a bearer check." It is shaped like '. Again, the transfer of a bearer check is subject to Article 647/1 of the Turkish Commercial Code. It is regulated in the article. According to the relevant article, only the transfer of possession is deemed sufficient for the transfer of bearer securities. No other conditions were required other than the transfer of possession. If a bearer check is endorsed, the legal nature of the check will not change.