Seeking for solutions to bounced cheque: example of Turkey

Author:Ezgi Ba?ak Demi?rayak
Position:School of Law, Anadolu University, Turkey, ebdemirayak@anadolu.edu.tr.
Pages:193-202
SUMMARY

The cheque, which has been replaced by money order and credit card in many countries, still remains as an important payment instrument in Turkey. Several sanctions are imposed for the use of bounced cheque in all legal systems in order to increase the credibility of cheque. In the early years of the Turkish Republic, there were no special sanctions imposed for the use of bounced cheque. Such lack ... (see full summary)

 
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Seeking for solutions to bounced cheque: example of Turkey
Assistant professor Ezgi Başak DEMİRAYAK1
Abstract
The cheque, which ha s been replaced by money order and cr edit ca rd in many
countries, still remains a s an importa nt payment instrument in Turkey. Several sanctions ar e
imposed for the use of bounced cheque in all legal systems in order to increa se the credibility
of cheque. In the early year s of the Turkish Republic, there were no special sanctions imposed
for the use of bounced ch eque. Such lack of legal sanction for dra wing bounced cheque led
to an incr ease in the number of bounced cheque. The said abuse ga ve cause for certain
sanctions on drawing bounced ch eque. Consider ing bounced cheque fraud within the
framework of Turkish Criminal Code did not however constitute a proper lega l solution for
post-dated cheque in par ticular. As such, Turkish lawmaker ha d the sole opportunity to
define a new crime named “drawing bounced cheque” including imprisonment in the
relevant code regulating cheque related issues. But the increa se in the number of bounced
cheque due to the economic crisis in the nineties made it necessary to find out a new solution.
Accordingly, the Turkish la wmaker a bandoned imprisonment a nd carr ied out a new
regulatio n based on the acquis communautair e that led to the employment of the principle
stated as “economic punishment for economic crime”. Since 2016, the QR-code cheque is
also employed in order to prevent dra wing of bounced cheque. This study aims to review the
aforementioned measures with regard to bounced cheque and ana lyze the impacts of the QR-
code cheque.
Keywords: Negotiable instrument, bills of exchange, bounced cheque, QR-code cheque,
Turkish Commercia l Code.
JEL Classification: K22
1. Introduction
Cheque is a negotiable instrument, which includes the drawer’s order for the
payment of a certain amount of money on his bank2. In Turkish law, cheque is
regulated in Art. 780-823 of Turkish Commercial Code Nr. 6102 (“TCC”)3, which
belong to the regulations regarding bills of exchange. Since 1985 special legislations
regarding cheque were also put in effect in order to solve some problems.
1 Ezgi Başak Demirayak – School of Law, Anadolu University, Turkey, ebdemirayak@anadolu.edu.tr.
2 Hüseyin Ülgen/Mehmet Helvacı/Abuzer Kendigelen/Arslan Kaya, Kıymetli Evrak Hukuku, On İki
Levha, İstanbul, 2014, p. 233; Senem Ülküm Keskin, Karşılıksız Çekten Kaynaklanan Hukuki ve
Cezai Sorumluluklar , Seçkin, Ankara, 2011, p. 17; Şafak Narbay/Zehra Güney, 6728 Sayılı Kanun’un
Çeke İlişkin Hükümlerinin “Çekte Şekil Şartları” Bakımından Değerlendirilmesi, “Terazi Hukuk
Dergisi”, 2017/12/126, p. 44; Turhan Esener, Business Law II, Boğaziçi University, İstanbul, 1997,
p. 40.
3 Resmi Gazete, 14.02.2011, 27846. This document is available at http://www.resmigazete.gov.
tr/main.aspx?home= http://www. resmigazete.gov.tr/eskiler/2011/02/20110214.htm&main=
http://www.resmigazete.gov.tr/eskiler/2011/02/20110214.htm, 10.11.2018.

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