I- DEFINITION AND LEGAL NATURE
A check is a special money order, which can only be written to a bank, subject to legal form requirements, and considered as valuable paper. The check is considered to be a qualified money order, as in the policy. Due to the fact that the check is one of the promissory notes by law, it is transferred through endorsement and possession. By issuing a check, the person issuing the check authorizes the drawee to pay a certain amount to the beneficiary and at the same time to collect this amount from the beneficiary or the person transferring the check from him. Thus, a tripartite relationship emerges.
Check is a payment instrument and does not have a credit function. Because it is a promissory note that must be paid at the presentation of the check.
There are two legislations in our law regarding checks, namely the Commercial Code and the Check Law. In terms of establishing the relationship between the Check Law and the Commercial Code, the provision of TC m:1/II is envisaged. According to this provision, general provisions apply in cases where there is no provision in the Czech Law. Therefore, the provisions of the Commercial Code will continue to apply on the basis of the distinction between private law and general law.
II- CONDITIONS OF CHECKING
A) Generally
Due to the existence of two basic laws regarding the check, the form conditions are regulated differently in both laws. Mandatory form requirements for checks are regulated in TK articles 780 and 781. However, the form conditions stipulated in Article.2 of the Check Law (TC) do not affect the validity of the check, unlike the CC. Accordingly, the fact that the check is against the conditions in Article 2 of the RC shall not affect the validity of the check, provided that it carries the elements in Articles 780 and 781 of the Commercial Code. Therefore, there are various conditions about the check, including the conditions that affect the validity of the check and those that do not. Apart from these, some prerequisites are required in order to be able to issue a check.
B) Prerequisites
1) Reciprocity
In order for the issuer to be able to draw a check, there must be a provision allocated to his/her order at the addressee/bank. The provision is that the amount sufficient to pay the check is found in the account working with the check and kept at the disposal of the account holder. It is necessary and sufficient that the provision exists at the time the check is presented to the bank for payment. The provision can be in cash or in the form of credit.
is also possible. If there is partial provision in the account in which the check is drawn, the drawee is obliged to pay this amount. A counter check is not a condition of validity. Therefore, checks issued without any money are also valid.
2) Check Agreement
The second prerequisite for issuing a check is that an agreement has been made between the addressee and the issuer that the right of disposal will be made by issuing a check on the counter. According to TK 783/I, this agreement can be made either explicitly or implicitly. However, pursuant to Article 2/III of the CC, a checking account cannot be opened without the signature of the person concerned, his/her representative or legal representative. Therefore, the check agreement must now be made in writing. The check agreement can only be terminated by the written request of the owner or his legal representative, or by the expiry of the statute of limitations for the deposit or participation fund. The person who wants to issue a check with the bank, after making the check agreement, the bank must give the checkbook to the customer.
With the check agreement, it is under the principal obligation to pay the check drawn on the bank, and if the issuer is to keep sufficient provision before the addressee.
C) Form Conditions Affecting Check Validity
In order for a check to be valid, it must meet the minimum form requirements in the aforementioned provisions and must not bear the elements that cause the check to be invalid.
**There is no beneficiary within the validity conditions of the check. For this reason, a check can be issued in writing to order, name or bearer. However, the beneficiary must be shown for the check to be issued to name and order. The issuer may present a third party as the beneficiary or may present himself as the beneficiary.
– Czech word
– An unconditional order to pay a certain price: Except for the interest condition, what is explained about the policy is valid for the check. No interest can be recorded on the check. If it is placed, it is considered not written.
– Trade name of the payee of the payee: In the case of a check payable in Turkey, the addressee can only be a bank. If the trade name of the drawee is not specified on the check, the check is invalid and the existence of a money order cannot be mentioned. Checks drawn on a real person are in the form of money order. The check can be drawn up for payment by a third party in the addressee’s domicile or elsewhere. (addressed/ local of residence)
– Payment place
Issuance date and place: Just as the revision date is important for determining submission deadlines, it is also important for determining the issuer’s competence. Due to the fact that the submission period of the check starts from the date of issuance, determining the date of issue as day, month and year is one of the mandatory form conditions of the check. Missing one of these will result in the invalidity of the check. However, it is possible to change it with a signature after the drawing date has been set. The organizer can determine the day as he wishes. In other words, the fact that the day of the khide reflects the truth.
not necessary. Therefore, it is possible to create a postdated check by specifying a future date as the drawing day.
Post-dated checks are also payable on presentation. Due to the fact that the check will be paid on sight, the due date is not written. Therefore, due date records placed outside the issuance date are invalid, but the invalidity of the due date does not affect the validity of the check.
If the issuance date on the check is not in the calendar, the last day of the relevant month is accepted as the issuance date.
• Issuer’s signature: The last element to be found regarding the validity of the check is the issuer’s signature. The check must be signed by the issuer, but not necessarily the issuer’s name and surname. As a rule, the person in whose name an account is opened for the purpose of issuing checks is in the position of issuing it. What is explained about the signature of the policy also applies here. However, there are a few check-specific problems here. The first of these is about representation. real checking account holder
A person cannot appoint another person as a representative or proxy in order to issue checks on his behalf. However, although the law prohibits the issuance of checks through a representative, invalidity is not envisaged as a sanction; on the contrary, it is clearly stated in the same provision that in the event that a check is drawn up as a representative or attorney of a real person, the responsibility of legal liability and administrative sanction due to this check is on the check owner.
However, the prohibition of representation applies to voluntary representation. Due to the fact that legal representation arises from the law, if there are persons such as guardians, parents, commercial representatives, it should be accepted that these persons have the authority to issue checks.
Since the ordinary company does not have a legal personality, checks cannot be drawn on its behalf. The partner who transacts with a third party on behalf of the partners and on behalf of the partnership becomes the creditor and debtor himself against this person. If an ordinary company writes in the beneficiary section, the check stands as a check to the bearer.
