NEWSLETTER-2020-metin

268 NEWSLETTER 2020 witness or other evidence. If the debt subject to the bond is proven, the maturity date written on the time-barred bond will establish the due date of the fundamental relationship. The rights reserved to the holder of the bill qualified as a bill of exchange are enumerated in the TCC on a limited basis. One of these rights is the interest, which starts from the maturity date. It is possible to charge interest from the date of maturity only if the bond qualifies as a bill of exchange. Pursuant to the Assembly, the maturity date on the bond that is accepted as the preliminary evidence may only be con- sidered as the due date of the fundamental relationship and, therefore, the debtor needs to be defaulted in order to demand the interest. The Assembly defends that in order to place the debtor in default, the debt becoming due is not enough, a notice of default shall be sent, or a law- suit against the debtor shall be filed, or other legal remedies pertaining to default shall be exercised. In fact, it is emphasized that the holder of the bond who does not act within the limitation period specific in the bill of exchange, not losing any rights, will cause unfairness. Dissenting Opinions Three dissenting opinions are presented in the Decision. In sum- mary, these opinions defend that the subject of the dispute is related to the law of proof, that the bond losing the status of bill of exchange will not lose its evidential quality as preliminary evidence and, the maturity, which includes “a definite day” in the written document, which is confirmed, together with other evidence, meets the condition of “determining the date of performance of the debt together” and, therefore, the maturity date on the bond should be taken as basis of the default of the debtor. Conclusion The Assembly has concluded that the maturity date on the time- barred bond which, therefore, turns into the preliminary evidence, may not be taken as basis of the default in an execution proceeding, or in a lawsuit initiated based on the fundamental relationship, and unified the decisions to this end.