NEWSLETTER-2020-metin

67 COMMERCIAL LAW administrative restriction, pursuant to Article TTK 811/3 of the TCC, and cheque bearers are required to present their cheques to be paid without delay after the force majeure disappears and, when necessary, they must protest or make an equivalent determination pursuant to 811/3 of the TCC. Again, in order to be able to withstand the force majeure that is specific to the cheque stipulated in the TCC, it is obligatory for the cheque bearer to notify the reason of the force majeure pursuant to Article 811/2 of the TCC to his endorser, and to record this notice on the cheque, or in its amalgamation, and to sign it by writing the loca- tion and date. Provided that it is before the end of the presentation date pursuant to Article 811/4 of the TCC, if the bearers’ force majeure continues more than fifteen days following the day s/he notified the debtor be- fore him pursuant to Article 811/2 of the TCC, the application rights may be used without cheque presentation and protest, or any other equivalent determination. Conclusion In light of the assessment made, above, it is considered that Pro- visional Article 1 of the Law regulates the suspension of judicial time limitations, it does not suspend the presentation period with regard to securities, it does not prevent conduction of “unrequited” transac- tion in terms of cheques, and the cheque bearers may benefit from the provision of Article 811 of the TCC.

RkJQdWJsaXNoZXIy MjUzNjE=