NEWSLETTER-2020-metin

65 COMMERCIAL LAW For cheques with one month and three months presentation pe- riod pursuant to Article 796/3 of the TCC, and if there is more than fifteen days to the end of the presentation period as of 13.03.2020, the presentation period shall be suspended, and shall continue as of 15.06.2020. Otherwise, 30.06.2020 (including this date) will be the last presentation date. As it is clear, in the initial provisions of the laws, the enforce- ment framework of the law is drawn under the “purpose and scope” Article of the law, and this Article gains importance, especially in its interpretation. However, due to the “omnibus bill” nature of the Law, no such provision has been stipulated. From this perspective, in the introduction part of the Article, the expression, “in order to prevent loss of judiciary rights due to the presence of the Covid-19 outbreak in our country,” is included. Therefore, if the verbal interpretation of the Article is taken as a basis, it can be concluded that the proposed regulation is limited to the prevention of loss of judiciary rights. In our opinion, the periods listed under subparagraphs (a) and (b) under the first paragraph of Provisional Article 1 shall halt until April 30, 2020 (including this date). The scope of the expression, “ All the periods regarding the arising, use, or termination of a right, includ- ing filing a lawsuit, initiating enforcement proceedings, application, complaint, appeal, warning, notification, including presentation and limitation periods, period of prescriptions and mandatory adminis- trative application periods, ” stipulated in the Article is limited to the judicial proceedings and the duration of proceeding. The presentation period of cheques and securities, in general, cannot be accepted as a period related to judicial proceedings and, therefore, these periods shall continue. The necessary transaction for a dishonored cheque shall be made. Force Majeure considering Cheques It can also be considered that there is no need to make a separate regulation regarding the presentation in Provisional Article 1 of the Law, since a force majeure cause specific to cheques is included in the TCC. Pursuant to Article 811/1 of TCC, “If the presentation of a cheque or its protest or an equivalent determination could not be real -