NEWSLETTER-2020-metin

122 NEWSLETTER 2020 – for instance, the requirement for a contract to include the signature of the obligors – were validity requirements for contracts between debit card and credit card issuers and card holders; however, a written form is no longer required. The rationale of this amendment is stated, below. “The Article regulates the form of contracts between card issuers and card holders under Law No. 5464. Within this scope, the contracts are expected to be constituted in written form, or distantly, through remote communication tools, or distantly or not, carried out by means of a met - hod that is established by the Board to replace the written form, with a method using informatics or an electronic communication device that allows the verification of the customer identity, and the relevant procedures and prin - ciples that will apply to these contracts will be determined by the Board. The amendment paves the way for distant contractual relationships regarding credit card s between banks and customers through remote communication to - ols and to use other methods compatible with up-to-date technology, which are established by the Board to replace the written form without using physical documents and wet-ink signatures.” In a nutshell, this regulation aims to promote carrying out dis- tance contracts. The question that should be raised in this context is: Are guaran- tees secured with these contracts within the scope of this form require- ment? The question can be formulated in another way: Have the form requirements foreseen in the law regarding guarantee agreements also lost their validity?Actually, as is generally known, for instance, almost in all credit card contracts, the credit card issuer makes use of various collateral opportunities, such as surety, pledge, and transfer of receiv- ables in order to secure the card holder’s payment of the loan. These guarantee contracts are often subject to special form requirements. If we continue to provide real-life examples of guarantee agreements, suretyship is subject to a notarized form (TCO Art. 583), and trans- fer of receivable is subject to a written form requirement (TCC Art.