440 Kambiyo Senetlerinin Zıyaı Nedeniyle Alınan İptal Kararı ve Bu Kararın Senet ile İlgisi Olan ... Anahtar Kelimeler: Kambiyo Senetlerinin Zayi Olması, İptal Davası, İptal Davasının Hukuki Sonuçlarının Senet Taraflarına Olan Etkisi Abstract: Pursuant to Article 645 of the Turkish Commercial Code (TCC), there is a strong relation between the right contained in the valuable paper and the note itself. Hence, the right cannot be asserted separately from the note. In accordance with the provision of Article 646 of the TCC, the obligator of the valuable paper is already obliged to make a payment upon the presentation of the note. However, in case of the loss of the note, the risk of not being able to claim the right by the person, who appears as the rightful owner of the note, may arise. A valuable paper may be lost due to some of the reasons, such as destroyed or stolen instrument or it can be burned or its texts may become illegible. For such reasons, interpreting the loss of the physical existence of the note as the loss of the right to claim will not be compatible with the rules of equity. In order to prevent such an unfair approach against the person, who is accepted as the rightful owner of the note, cancelation of the valuable papers through the court decision has been regulated under Article 651 of the TCC within the framework of the balance of interest. Pursuant to the provision of Article 651 of the TCC, the main aim of the annulment decision is to allow claiming the right without the note or to issue the note again. One of the most fundamental legal consequences of the annulment decision is to abolish the identification function of the note. The question that needs to be asked in here is that what kind of effect/effects the annulment decision will have for the interested parties involved in the note. The effects of the annulment decision on the interested parties in the note can be examined in three basic perspectives; its effect on the relationship between the holder of the annulment decision and the obligator of the note; its effect on the relationship between the obligator of the note and the third person holding the note; and its effect on the relationship between the holder of the annulment decision and other debtors on the liability chain in the note. In this respect, the main purpose of this study is to examine the impact of the annulment decision taken by the right holder, who lost while the negotiable instrument is in her/his possession, on the interested parties in the note. Keywords: The Loss of the Negotiable Instruments, Action for Annulment, the Effects of the Action for Annulment on the Relationships between the Interested Parties in the Note GİRİŞ Kıymetli evrakın 6102 sayılı Türk Ticaret Kanunumuza kazandırılmasında İsviçre Borçlar Kanunu’ndan yararlanılmış ve tanımı TTK md. 645 hükmü kapsamında: “Kıymetli evrak öyle senetlerdir ki, bunların içerdikleri hak, senetten ayrı olarak ileri sürülemediği gibi başkalarına da devredilemez.” şeklinde mehaz kanundan çevrilmiştir. Bu tanımdan da
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