Procedure for Cancellation of Precious Documents
The Decision to Ban Without Payment
A decision not to pay is requested from the Commercial Court of First Instance in the settlement of the place of payment or the bearer, but if the note is a note written to the bearer or the name of the note, this decision is taken from the Commercial Court of First Instance in the settlement of the borrower.
2) Extradition Case
The Precious document was taken out of the owner’s hands without his consent, and it is known who has the deed, TCC 763. According to the article, an extradition case should be filed in an authorized and authorized court. If the owner of the valuable document does not file a return claim within the time limit, the court returns the valuable document to the person who submitted it to him and lifts the ban on payment.
3) Cancellation of the Case
“E) Decision to cancel
I – Terms
ARTICLE 651-
(1) If valuable documents are lost, cancellation may be decided by the court.
(2) The person who has the right to the deed at the moment when the precious document is lost or the loss occurs may request that the cancellation of the deed be decided.
II – Provisions
ARTICLE 652-
(1) Upon the cancellation decision, the rightholder may also assert his right without a deed or request a new deed to be issued.
(2) In addition, special provisions regarding various types of precious documents shall be applied to the cancellation procedure and provisions.”
Terms of the cancellation lawsuit;
-The deed must have been lost
The deed must be damaged due to theft, burning, tearing and so on.
-The promissory note was disposed of without the consent of the bearer, and it should be unknown who has it
If it is known who owns the promissory note, it can be withdrawn with an oyster case.
-The right on the deed must be continuing
It is necessary to have the same right on the promissory note.
-Cancellation of the DEED should be possible
TCC should also be one of the promissory notes that can be canceled.
