EN
TR
Anahtar Kelimeler: Kambiyo senedi, yanılma, aldatma, korkutma, def’i. Defective Wills in Bills of Exchange and Assertion to Third Parties…
Abstract: Defective will cases consist of fault, deception and intimidation. There are detailed regulations in the Turkish Code of Obligations and the Turkish Civil Code related to these. However, the Turkish Commercial Code does not provide any provisions concerning defective will cases that may arise during the issuance and transfer of bills of exchange. In this case, there is no doubt that the provisions of the Turkish Code of Obligations will apply in this context to the extent that they do not violate the rules of foreign exchange law. Throughout our study, this structure specific to the foreign exchange law and the regulations in the Turkish Code of Obligations have been examined together to reach a conclusion. Before entering the main topic, some necessary explanations have been made and also various discussions have been mentioned on the related subjects. Undoubtedly, the most important part of this study is the part where the issue of entering defective wills plea has been examined in the context of bills of exchange. This subject is quite controversial in the doctrine and many authors come to a conclusion by making a separate evaluation in terms of each case. In this paper, after providing various dictums, a single conclusion has been reached in terms of all defective will cases.…
Key words: Bill of exchange, fault, deception, intimidation, plea.…
Giriş
İrade sakatlıkları ve etkileri, hukuk düzeninin bir irade açıklamasını gerektirdiği…
