CURRENT CONTRACT BETWEEN THE PARTIES FOR INTEREST
\nFINDING-FINALIZATION OF INVOICE MUNDERECAT
\nSummary: although not in writing between the parties, arising from the current contractual relationship
\nif the amount is not paid within a certain period of time, the difference in interest is paid.
\nin the event of a written notification to the other party and not being objected to by the other party within eight days, this shall be the case.
\nonly the result of the finalization of the invoice m\u00fcnderecat and the defendant side-accepts the maturity difference
\nit does not mean that it is and can be desired.
\n(6762 P. K. m. 23\/2) (2797 P.K. m. 45) (818 P. K. m. 76, 96, 182, 210) (213 S.K. m. 229, 230, 232,
\n233, 235)
\nI.APPLICATIONS AND DECISION OF THE FIRST PRESIDENTIAL BOARD OF THE SUPREME COURT:
\n“If the price arising from the contract relationship is not paid within a certain period of time, the maturity difference
\nin order to be requested, there must be a written contract or commercial practice between the parties.
\ninterest difference in invoices issued in the absence of any of these two conditions, which are not required
\n23\/2 of the Turkish Commercial Code.
\nin case he does not object within eight days in accordance with the article, he will be entitled to interest.
\nthe Court of Cassation shall not be born” with the eleventh and nineteenth legal offices and the Thirteenth and
\nSince there is a discrepancy of opinion among the fifteenth Legal Departments, the case law states that this discrepancy
\nelimination through unification, Antalya First Instance 2. Judge of law dated 22.06.2000
\nhis application was requested.
\n10 Of The Supreme Court Act.the first Presidential Board of the Supreme Court convened in accordance with article 17.65.2001
\nby day and Resolution No. 53;
\n“To the record that the interest difference in the invoice issued regarding the contract relationship will be applied, its duration
\nif there is no objection in the case, whether the interest rate debt will arise”
\nWhere there is a discrepancy of opinion among the Supreme Court decisions, this discrepancy is through the consolidation of case law
\nthe third Legal Department of the Supreme Court, the eleventh Legal Department, the Thirteenth Legal Department.
\nDepartment Of Law, Fifteenth Department Of Law, Nineteenth Department Of Law, General Assembly Of Law
\nIn the evaluation of the views taken from the presidencies and the decisions sent, ” the convention
\nin the event that the amount arising from the relationship is not paid within a certain period, the maturity difference can be requested.
\nwhether there should be a written contract or commercial practice between the parties, these two
\nin case of absence of one of the conditions, interest difference will be applied to the issued invoices
\nthis invoice is given in the expression of the buyer T.T.23\/2 of the act. according to the article,appeal within eight days
\non the issue of” whether or not he will receive interest in the case of his failure to do so, ” the Court of Appeals ruled that the eleventh and
\nOpinion between the nineteenth Legal Departments and the decisions of the Thirteenth and Fifteenth Legal Departments
\nsince the contravention was found, the case law of the Supreme Court of Appeals for this contravention was merged into the General Assembly of law
\nthe date of the meeting should be determined by the First Presidency and then by the rapporteur member ..his appointment was” unanimous.
\nTo be added to the document after depositing the processed document to the rapporteur in accordance with the above-mentioned Supreme Court decision
\narticles of the First Presidency of the Supreme Court on 01.10.2001 days, 6734 and 22.03.2002 days, 2517
\nattorney Genghis \u00d6zler and Attorney E.Dilara G\u00fcng\u00f6r signed 04.09.2001 dated and lawyer
\nBet\u00fcl dedication signed dated 19.03.2002 and also lawyer V. G\u00fczelcandere, Lawyer Murat Albayrak,
\nLawyer Erhan G\u00fc\u00e7l\u00fc D\u00fc\u011f\u00fcc\u00fc signed petitions and annexes dated 27.1.2003 in addition to the first request;
\n“in case of delay, the record of monthly interest will be valid.
\nit is not ” case law has been asked to be combined. This application is also due to the initial application
\n17.05.2001 days and 53 days of the first Presidential Board of the Supreme Court concerning the need to combine case law
\ntaken under the numbered resolution During the discussions in the board.nun 23\/2. ordinary contents of the invoice of the presumption in the provision of the clause
\nlimited to matters relating to the performance of the content which is supposed to be valid.
\nrecords that change the contract to the invoice or aggravate the situation of the other party by accepting that they are
\nnot to object to these issues, which are not usual if placed, during the time of receiving the invoice
\nit was adopted that he would not be responsible for the records mentioned in his case.
\nWhat is the purpose of the invoice m\u00fcnderecat\u0131ndan in this presumption immediately? The question comes to mind. Because
\nAs explained in the section on what the invoice is in the Turkish Commercial Code
\nit is not as regulated. From the invoice m\u00fcnderecat which is the basis for such an important presumption
\nthe legal loophole about what is meant by taking into account the provisions of the Tax Procedure Act
\nit is clear that it can be filled. 230 Of The Tax Procedure Code. based on the definition in the article, this
\nsolution of the problem, continued ” case law that constitutes the subject of consolidation of the interest difference invoice
\nis it mandatory content?”The question must be answered.
\nThe board, if the maturity difference is not paid on the day the cost of goods and services is to be paid
\nit is concluded that the quantity reached due to the delay of the claim is the new price of the goods or services i.e.
\nhave been reached.
\nThe rationale for this is as follows: the five essential elements of the bill as explained above
\navailable and interest is not counted among these elements.
\n23\/2 Of The Turkish Commercial Code.about the ordinary content of the invoice (ordinary m\u00fcnderecati)
\nas the predominant view in practice that it should be valid and that performance is limited to relevant matters
\nit is accepted. The interest difference is not related to the performance stage. Forward here at the time of performance
\nin respect of the performance of records which alter the contract and aggravate the situation of the other party, even if exited
\nit is not that obvious.
\nConsequently, as the invoice relates to the performance phase of the contract, the TTK.nun 23\/2. by Article
\nthe content of the invoice, which is assumed to be accepted without objection during the period, is only the performance of the contract
\nthe type of goods sold, or the number of work done, which is considered to be ordinary to be included in the invoice in relation to the phase,
\nthe type may be related to such matters as the price. In case of delay in the invoice, the interest difference will be received
\nno objection to the recording is included in the bill but not regulated in the contract between the parties
\nit does not mean that the record of a matter has also been accepted. Mandatory of the bill of interest registration
\nthe fact that it is not content and that it was not objected to during the legal period will have a heavy consequence.;
\nin case the statement of interest difference is applied in the invoice, TTK.nun 23\/1.presumption in matter
\nhe will not find application because the invoice is not a contract, nor should the bill be objected to.
\nit has been agreed that it will not give contract qualification.
\nConclusion: although not made in writing between the parties, arising from the current contractual relationship
\nif the amount is not paid within a certain period of time, the difference in interest is paid.
\nwritten notification to the other party and by the other party TTK.nun 23\/2.appeal within eight days under the clause
\nif not, this situation only results in the finalization of the invoice m\u00fcnderecat and maturity
\na two-thirds majority at the first meeting of 27.06.2003 that the difference would not mean that the defendant was conceded and could be asked for
\nit was decided.
\nPOST VOTE AGAINST
\nThe subject of unifying case law is held on the basis of the contractual relationship, which has taken place orally
\nnot to object to the bill within eight days following the notification according to Article 23\/2 of the Turkish Commercial Code
\nin the event that the record of the application of the interest difference in the invoice is counted from the invoice date,
\nit is limited to the fact that it cannot be counted.
\nTTK.in Article 23\/1 of the present article, a commercial enterprise has sold or manufactured goods or a business
\nthe other party from the merchant who has seen or provided the benefit should give him an invoice and the price
\n213, which is the description of the invoice, if it has been paid, it can also be asked to be shown in the invoice
\nnumbered V.U.K.in Article 229 of the ” invoice, in exchange for the commodity sold or the work done
\nby the merchant who sells the commodity or does the business to show the amount owed by the customer
\ncommercial certificate given to the customer ” said, the same law in Article 232, using the invoice
\nthe requirement is regulated. The bill from these legal arrangements is barely a commercial
\nin relation to the business and in the case of certain activities by merchants related to that activity
\nit is clear that it is a commercial document which must be issued on behalf of the other party.
\nTTK.article 23\/2 of “the recipient of an invoice within eight days from the date of receipt
\nif there is no objection about m\u00fcnderecat\u0131m, m\u00fcnderecat\u0131m is deemed to have accepted ” with the provision
\nthe invoice is a means of proof, especially among merchants, and is not presented in its duration
\nm\u00fcnderecat\u0131ndan considered matters in favor of the organizer, in the name of the bill organized by anyone
\nthere has been a presumption against it.
\n15. Contravention of case law between law department and Law Offices 11 and 19, invoice of maturity difference
\n15. The legal department billed this matter
\nwhile we do not count the maturity difference in terms of legal nature of the law offices 11 and 19.
\nit counts the invoice and the TTK.acceptance that it remains within the scope of Article 23\/2
\nthey continue to do so.In this case, the first issue that needs to be addressed is what the elements of the invoice consist of and
\nit is a clarification of what needs to be understood from his own mind.
\nT.Although the Commercial Code did not show the required elements in the bill, V.U.K.of 230
\nthe minimum mandatory elements in Article three are listed in five bents, among which are maturity
\nno difference was mentioned.However, the price of the goods is also included in the 4th paragraph, so that the price is included in the invoice
\nit is stated by legal regulation that it is a compulsory element. On the other hand, TTK.23\/1 th of ‘ nun
\nif the price is paid in the article, it will be shown in the invoice by mentioning TTK.
\nin terms of the price should be included in the invoice is emphasized. Essentially, what practice in this direction
\nand nor is there a different approach in doctrine.Then, the price must be included in the invoice and
\nthere is no doubt that it is a mandatory element.At this stage it is necessary to focus on the legal advice of the concept of price. Price, as agreed with the alliance, is the relationship between a value and a currency. Another
\nin other words, in terms of trading, or in terms of a business or manufacturing, or in terms of the provision of an interest,
\nit refers to the value of the thing as money. A very close relationship with the price, even of interest in the nested
\nthe legal nature of this concept has led to the formation of different views in practice and doctrine.
\nmoney interest, default interest, penalty requirement, delay hike or an added price of the goods
\nwhether the element is an element has been made the subject of discussion.
\nHowever, the price of goods and services that are not paid during the period of the difference of maturity, especially in the relations between merchants
\ntherefore, the buyer has to pay out of interest and by the parties at the time of the oral contract announcement
\nit must be acknowledged that there is an agreed additional amount. Moreover, the scope of combining case law
\nany agreement between the parties on this matter, or
\nin cases where it is determined that there is a practice in this regard, the interest difference is included in the price (price).
\ncekismesiz is.
\nThe agreement between the parties which constitute the subject of unifying this case law was carried out orally
\nhow the parties have decided on semen (price), which is an actin-based element
\nbut they might know themselves. When the merchant who is entitled to the fee issues the invoice, the semen is determined by a
\nin case of a delayed payment of a day or other form after the period, semen
\nAn additional payment will be made at a rate of 1%, 5%, and the invoice will be posted to the invoice.
\nif the parties have not objected to this record within eight days, then the parties have not agreed to the contract at the beginning of the contract.
\nin other words, when they decide on semen in this way, the interest rate is applied.
\nin case of occurrence, the price is decided by the parties depending on the future payment situation.
\nwhen the maturity date is considered to be an octet of the price, an element of the price, and even the price.
\nmust suppress pause. In this case, it should also be included in the bill as a mandatory element.
\nthe difference in maturity, which is integrated with the price of the invoice, and which is considered to be from the price, is also required.
\nit is possible to register in the invoice and it is accepted that it is a record that remains within the scope of the invoice m\u00fcnderecat.,
\nTTK.for the maturity difference of Article 23\/2 of the bill in favor of the merchant
\nthe presumption must be accepted that it will create. The burden of proof of this presumption in such a situation is such that
\nit must belong to the other party who receives a bill and does not object in its term.
\nContrary to the legal and scientific principles set out in the above details, the court of Cassation shall not be liable for trade relations
\nthe Law Departments of 11 and 19, which are responsible for resolving disputes arising from the ingrained and
\ncontrary to the case law adopted in practice and doctrine,
\nwe disagree with the majority opinion and voted against it.
\nPOST VOTE AGAINST
\nLegal Basis Of Maturity Difference
\nIn particular, in the economic conjuncture where inflation is high, the seller’s (creditor’s) interest rate is high.)
\nimplemented in order to protect against the devastating effects of inflation it came across as a legal instrument.
\nThe legal basis of the maturity difference is BK.of 182\/2. and 210\/1.we can find it in their substance. TALK.’s
\n182\/2.according to the article “contrary …if there is no contract between seller and buyer, perform the debt at the same time
\nit’s a taxpayer.” TALK.of 210\/1.according to the article ” What is sold if a contract to the contrary does not exist is the buyer’s
\nwhen you’re Seven, your semen is obscene. Parties to both provisions after the foundation of akdin
\nthey are obliged to perform their debts at the same time but, on the contrary, they can be contracted
\nit was stated. Interest difference for non-performing receivables and payment of sales price after a certain period of time
\nthe amount between the date of payment and the price of the sale, the difference between the date of payment and the amount agreed to be applied.
\nit expresses the difference.
\nTerms Of Maturity Difference;
\nA contract between the parties for the purpose of asking for a difference in interest or the parties
\nthe application of maturity difference between must be adopted.
\nOpinion between the Law Departments of the Supreme Court in respect of these two conditions necessary for the demand of interest difference
\nit has no separation.
\nHowever, in practice, one of the ways to demand interest is to refer this issue to the invoice being issued.
\nin case of registration and no objection to the bill, TTK.by taking advantage of the presumption in 23\/2 of
\nthis is to ask for interest on the basis of the record.
\nIf no payment is made during the period of the invoice issued, a record indicating that interest will be received
\nfind and record the defendant’S TTK.’nun 23\/2.failure to object within the period stipulated in the article
\nis it possible to ask for interest in the case?
\nTTK.of 23\/2.in the article, within eight days from the date on which anyone receiving a bill receives it
\nif he does not make an objection about m\u00fcnderecat, he will be deemed to have accepted m\u00fcnderecat.
\npredicted. However, in order for the finance charge to benefit from this presumption,
\nit has to be counted.
\nThe court of Cassation’s legal offices will receive a difference in interest between the record is counted from the invoice
\nsince there is a difference of opinion that it is not to be counted, this difference of opinion is based on the case law.
\nIt is the subject of unification.
\nFor this reason, it is necessary to first focus on the concept of the invoice and the records that should be included in the invoice.
\nThe concept of the invoice and the records to be found in the invoice;
\nInvoice to show the amount owed by the customer in return for the goods sold or the work done,
\nit is a commercial certificate issued to the customer by the merchant who sells the commodity or does the business. Records that should be included in the bill VUK.of 230.it is counted in the article.
\n1-date of issue of invoice, serial and sequence number,
\n2-name of the organizer of the invoice, if any trade title, business address, tax office and account to which it is affiliated
\nits number,
\n3-customer’s name, Trade title, address, tax office and account number if any,
\n4-the kind, quantity, price and amount of the goods or work,
\n5-delivery date and delivery note number of goods sold,
\nInterest is not among the required records to be included in the invoice. Prof. Dr. O\u011fuz K\u00fcr\u015fat \u00dcnal
\n“the maturity difference is from the invoice line, because only the required elements of the invoice line
\nnot to be written (ordinary) records may also include, the maturity difference to the invoice
\nhe agreed that its writing should be considered ordinary.” (Billing and proof Force s.51-52).
\nProf. Dr. Ya\u015far Karayal\u00e7\u0131n “maturity in case there is no provision in the contract regarding the maturity difference
\nif the invoice containing the difference is not contested, the maturity difference becomes an element of the contract
\nhe acknowledges that he is” coming. (Symposium P. 108).
\nAssessment and Conclusion;
\nAs a result, the interest rate difference is not in the nature of interest, with this, the price of a good at the date of payment
\nthe value is to be determined. In other words, the value of the goods at the date of payment.
\nVUK.of 230.article” Price and amount of goods ” must be included in the invoice elements
\nthe value of the good at the date of payment
\nsince the invoice is considered m\u00fcnderecat\u0131ndan. Therefore, objection to bills with interest
\nif it is not, the right to demand interest difference arises.
\nTo change the terms of the contract, Register that the interest difference contained in the invoice will be applied.
\nit may also be considered necessary. As A Matter Of Fact, Prof. Dr. Y.Karay al\u00e7\u0131n, Prof. Dr. E. HIR\u015e, Assoc. Dr. A. Battal
\naccording to this view, which is also advocated by the TCC, who received the bill.23\/3 of the.article eight-day
\nin case of not objecting within the time period, the organizer of the invoice shall be deemed to have accepted the solemn.
\nFor the reasons described, there is no written agreement between the parties and the maturity contained in the invoice
\nTCC to record the difference.23 of.objection within the eight-day period stipulated in the article
\nif not, we are of the opinion that the interest rate may be requested.
\nwe can’t agree with your decision.<\/p>\n","protected":false},"excerpt":{"rendered":"
CURRENT CONTRACT BETWEEN THE PARTIES FOR INTEREST FINDING-FINALIZATION OF INVOICE MUNDERECAT Summary: although not in writing between the parties, arising from the current contractual relationship if the amount is not paid within a certain period of time, the difference in interest is paid. in the…<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[217,223,258,220,218,475],"yoast_head":"\n