NEWSLETTER-2020-metin

265 CIVIL PROCEDURE LAW promises to pay the amount specified in the bond to the person who holds the bond, without any condition 2 . The date recorded on the bill regarding when the payment will be made represents the maturity. The maturity is one of the elements of the bond yet not mandatory. In fact, the legislator has provided that in the case where there is no record regarding the maturity on the bond, the bond will not become invalid, but will be considered as “ a bond that has to be paid when seen. ” Under the TCC, unless contrary to the nature of the bond, the provisions applicable to the policy regarding the statute of limitations are also applied to the bond. Accordingly, asserting the claims arising from the bond against the issuer is subject to a three-year statute of limitation from the date of maturity. In other words, since the bond is not subject to a lapse of time, it loses its qualification of the bills of exchange only if the issuer / debtor has made a plea of limitations. Therefore, even if the limitation period has passed, the holder of the bond may initiate enforcement proceedings based on the bond, or bring a lawsuit for receivables. On the other hand, if the debtor has raised a plea of limitation, the bond loses its qualification as the bill of ex- change, and the holder of the bond loses the rights arising from the bill of exchange law. The bond, which loses the status of bill of exchange due to the plea of limitations, does not turn into an ordinary bill; it is deemed as the preliminary evidence within the scope of Article 202 of Code of Civil Procedure numbered 6100 (“CCP”) in accordance with the consensus of the doctrine and in practice 3 . Preliminary Evidence Under Article 202 of the CCP, the preliminary evidence is a record showing that the existence of the alleged legal act is probable and given or sent by the person (or its agent) against whom it was alleged, even if it is not sufficient to establish complete proof. The record is defined as “ Written or printed texts or documents, certificates, drawings, plans, sketches, photographs, films, visual or audio data and electronic data 2 Kendigelen, Abuzer / Kırca, İsmail : Kıymetli Evrak Hukuku Genel Esaslar Kambiyo Senetleri, Istanbul, 2019, p. 161. 3 Kuru, Baki : Hukuk Muhakemeleri Usulü V. II, Istanbul, 2001, p. 2302.