General Assembly of Law 2017/827 E., 2019/689 K.

Decision no. 2011/307 E., 2013/10 K. of 22.01.2013 issued by the Ankara (Closed) 18th Commercial Court of First Instance on the determination of the plaintiff's indebtedness and the rejection of the claim for indemnity indemnity. with the decision of the 19th Civil Chamber of the Court of Cassation dated 10.03.2014 and numbered 2013/6714 E., 2014/4567 K.; Dava ... The case is related to the request of the defendant that arak nine hundred thousand liras' is written on the part of the bond issued and paid for the 900 TL debt to the defendant and written by the defendant, and that the defendant is not owed to the claim that the defendant does not have 900,000 TL debt. . The defendant's representative requested the rejection of the case by stating that the claimant's debt was 900.000TL and that the claim that the cost of the claim was later filled was to be proved by written evidence. According to the evidence gathered and expert report; the only relationship between the parties is that the plaintiff, the police officer, is concerned with the purchase of apartments from the contracting defendant, and that there is no further relationship between them, nor is it recorded in the books of the respondent party, According to Article 588 of the TCC, although it is decided that the letter can be respected if there is a difference between the figures and the prices written in the deed, as stated in the case-law of the Supreme Court, this rule is exclusive to the fact that the deed is filled by the debtor. This rule can not be applied in cases where the number is not filled and tampered with the digit, the amount and the amount written in the deed of the subject matter and the names of the creditor and debtor are written by one person at a time dış and there is no conflict between the parties in the deed, the actual price of 900 TL paid by the plaintiff, not filled by the debtor and written in writing part of the loan to the economic situation of the parties, contrary to the usual flow of life, the bill The fact that the application of the rule in article 588 of the Turkish Commercial Code will harm the sense of equity in the event subject to the case will be damaged due to the fact that the amount written with two numbers is supported by other evidence in the file and the edges of the written price with the number on the note are tightly closed. , on the grounds that the defendant cannot be proved to be malicious in the pursuit of the deed, upon the acceptance of the case and the determination of the plaintiff's non-debt owing to the follow-up note, the rejection of the plaintiff's claim for indemnity compensation has been appealed by the parties' representatives. The plaintiff of the bond subject to the lawsuit ..., the beneficiary of the defendant ... Mature, dated 28.11.2009 issued, the due date is not written, the reason for the issuance of "" in cash, "" 900 TL "in the price digit, the price in writing '' nine hundred thousand pounds '' written in the file in the bond
photocopy. The maturity date in the bill is optional; the maturity is not written. 689/2. It will be paid when seen in accordance with the provision. While the amount of the said bond is written in the han 900 TL bedel at the price digit, the difference between the written and the digit value and the writing digit is different as a result of the letter m nine hundred thousand liras yazı. In this case, the text 29/11/2019 15:53 ​​Supreme Court Information Center was created by the Directorate.

PRESIDENCY OF THE COURT
The acceptance of the written section as the price of the bond is required by the provision of article 588 of the said law. In this case, while the court should make a decision by considering the above-mentioned issues and the article of the law, it is contrary to the procedure and the law to establish a verdict on the grounds of the ordinary course of life by ignoring the provisions of the law on the claimant's claim. at the end of the retrial, the court resisted the previous decision.

DECISION OF THE GENERAL ASSEMBLY OF LAW
After reviewing by the General Assembly of Law, it was understood that the decision to resist was appealed and the documents in the file were read:
Case; This is related to the request to determine whether the debt is owed due to exchange bills.
The plaintiff's attorney; his client is a police officer, provides for his living with his salary, the defendant in the province of Ankara, Pursaklar district 308 Island 12 parcel 20 building in the independent section of $ 67.000.00 TL, 8.000,00 TL in advance, the remaining 59,000,00 TL to buy through the loan that the defendant undertakes to deliver the house in June 2009, but cannot deliver it on the date of commitment, that there is no commercial relationship between the plaintiff and the defendant except for the purchase of a house, that the plaintiff had to move on 17.09.2009, even though the house was not fully finished. Apart from the apartment 21, the neighbor Musa Oghuz was moved in the same way, the house of the house has not yet been settled on the move, so that electricity and water is not connected, that the plaintiff and his neighbor Musa Oğuz had to use the electricity and water on the construction site, but that the electricity was cut off by BEDAŞ on 19.01.2010 due to the electricity debts. that they made the account of the unpaid electricity debts together and that they had to accept to pay 900,00TL upon the request of the defendant in order to be subscribed to electricity for the solution of the problem, that the defendant demanded this price immediately, but that the plaintiff and Musa Oğuz could not pay the money in advance, the defendant also wants to be given to him the deed, Musa Oguz said that he would pay 900.00TL in 3 installments on 3 separate deed for him, the plaintiff will declare that 900.00TL will pay all 3 months later on 900.00TL Neighbors of the price of TL ... issued by the plaintiff and signed by the plaintiff after the defendant, Musa Oguz out of the case three notes paid through the real estate agent, the plaintiff and the defendant and his brothers in order to avoid the current prosecutor's complaints between the defendant in order to remain indebted to the price of this fee. but the defendant refused to take the money, transferred the money through the PTT, but the defendant did not receive it again, upon which the Ankara 4th Magistrate's Law Court deposited the money with the deposit of the job numbered 2010/375 D. Ercan Kizilci, who regulated the bond, wrote TL and YTL by adding 900.00TL to the figure, but he wrote "nine hundred thousand pounds", and the defendant's deed was unjustly and maliciously followed by enforcement proceedings over 900.000.00TL. that the plaintiff does not owe 900.000,00TL to the defendant, that there is no commercial relationship between the parties except for the purchase and sale of the house, that the defendant is filed against the plaintiff 29/11/2019 15:53.

PRESIDENCY OF THE COURT
It is not possible to give money in cash, it is contrary to the usual flow of life, no one can buy the house from the person who can not give a money such as 900.000,00TL, the bank records of both parties and the records of the defendant's records, such as taking the money to give claiming that the plaintiff was not indebted to the file of the 31st Executive Office of Ankara 31st numbered 2010/9906 and requested that the defendant be sentenced to compensation for malicious intent.
Attorney-at-law; that the claimant's claim does not reflect the truth, that the rule of the plaintiff is valid if the difference between the two is present when the deed is written in both letter and number, as specified in the provisions of the Turkish Commercial Code and the case-law of the Court of Cassation.
defended the decision to reject the case by stating that there is a claim that the debt is 900.000,00TL and that the portion of the fee is filled later, this should be proved by written evidence.

Local Court; according to the collected evidence and expert report; The only relationship between the parties is that the plaintiff, who is a police officer, is related to the purchase of flats from the contracting defendant, and that there is no other relationship between them and that the defendant is not registered in the books of the defendant, although there is a difference between the figures and the amounts written in writing in accordance with Article 588 of the TCC. In this case, as stated in the case-law of the Court of Cassation, this rule is exclusive to the fact that the debtor is filled by the debtor; and the names of the creditor and the debtor with a single fee at a time off the case at a single time ... is written by the person and there is no distortion in the deed between the parties, there is no dispute between the parties, the actual price of 900.00 TL is paid by the plaintiff, the debtor is not filled by the written and written part of the debt to the economic situation of the parties, contrary to the normal flow of life, the bill The fact that the rule of Article 588 of the Turkish Commercial Code would harm the sense of equity due to the fact that the price written with the number is supported by other evidence in the file and the edges of the written price with the number on the bill are tightly closed will damage the sense of equity, and that the plaintiff does not owe the amount requested by the Turkish Civil Code. and that the plaintiff is indebted to the plaintiff due to the acceptance of the case on the grounds that the defendant cannot be proved to be malicious in the pursuit of the deed. and the rejection of the plaintiff's claim for indemnity. The decision on the individual appeal of the plaintiff's attorney and the defendant's attorney was quashed by majority vote for the reasons explained in the title section above by the Special Chamber. In addition to the previous reasons, that the plaintiff gave the defendant the bill for 900,00 TL but that the part written in writing was written as 900.000 TL, and that all this was thrown six zeros from the Turkish lira in 2005, the confusion and error caused by the transition from YTL to TL in 2009, Based on this inaccuracy, the defendant's acceptance of benefiting from the mere spelling in the deed would be excessive formalism and lead to severe loss of rights. Resistance decision has been made. The decision to resist was appealed by the defendant's attorney. 29/11/2019 15:53 ​​It was created by the Supreme Court Information Center.

PRESIDENCY OF THE COURT
Dispute in front of the General Assembly of Law through Resistance; whether the difference between the figures and the amounts written in the deed in terms of the concrete event is contrary to the ordinary flow of life and whether the decision to resist is in place according to the result to be reached is collected.
It is useful to determine the legal institutions and rules required and to be applied for the settlement of the dispute between the parties. Karine, in terms of dictionary meaning is a complicated job or situation that serves to understand and solve the problem, hint, symptom. In its most general sense, presumption is the inference of an unknown phenomenon from a known phenomenon. Therefore, the presumption allows the conclusion of the existence or absence of another unknown event or legal situation from a known event. Generally, presumptions are divided into two groups as de facto and legal. In this context, the presumptions of fact serve, without being bound by a rule of law, for the judge to draw conclusions about unspecified events by making use of the rules of experience arising out of people and life. In this respect, the presumptions of fact serve to the judge's opinion. As it can be seen, the rules of experience (the rules of life experimentation) are the basis of the presumptions of fact (Umar, B./Yilmaz, E .: Isbat Burcu, Istanbul 1980, s.165 et al .; Basozen, A .: Proof of Civil Procedure Law, Ankara) 2010, p.63 et al.; Topuz, G .: Proof with Karine in Civil Procedure Law, Ankara 2012, p.50, 56, 121 et al .; Alongoya, Y .: The Law of Proof with the Act of Deed and the Concept of Olağan Ordinary Flow of Life,, Prof. Dr. Necip Kocayusufpasaoglu for the Gift, Ankara 2004, p.528, Dry, B .: Civil Procedure, Volume: II, Ankara 2001, p. The presumption of fact is presumed to belong primarily to procedural law, in particular to the law of proof. Actual presumptions are necessary in concrete disputes,it helps the judge in the difficulties of proof in concrete events in order to understand whether an alleged event is indeed in that way or form. Actual presumptions find their typical appearance in general life experiences in court practice. Their accuracy is evaluated by the judge in the concrete case (Taşpınar, S .: The Role of Actual Presumptions in Distribution of Proof Load, AÜHFD C.XLV, S.1-4, p.537). As a matter of fact, the Supreme Court of Appeals is based on the rules of experience (life experiment) in its decisions and generally uses the term akış ordinary course of life ((dated 21.04.1982 and 1979 / 4-1528 E., 1982/412 K .; 2003 / 13-787 E., 2003/774 N; 06.06.2007 and 2007 / 2-331 E., 2007/332 N; 08.12.2010 and 2010 / 19-590 E., 2010/640 N Decisions 2012 / 8-365 E, 2012/561 K., dated 12.09.2012 and 2013 / 21-2219 E., 2014/411 K. of 28.03.2014). After the presentation of the evidence and its acceptance by the judge as a means of proof, the evaluation of the evidence comes into question. As a rule (with the exception of the exceptions shown in the law), the judge shall freely evaluate the evidence. In this context, the appreciation of the evidence refers to a stage where the conscientious conviction of the judge is essential (Konuralp, H .: Forced Limits of Proof Rules in Civil Procedure Law, Ankara 1999, p.46 et al.). On the other hand, the provisions of both the Turkish Commercial Code No. 6762 (eTTK) and the Turkish Commercial Code No. 6102 regarding the bills of exchange are based on the policy basis. The law included the common provisions of bills of exchange under the policy title; on the other hand, it has been content with sending joint provisions to the bonds and checks (eTTK. m.690, 730, TTK m.778,818). Article 588 of the same Law, which should be applied in bonds by the Article 690 of the TCC; Sa If the policy price is shown in both text and number and there is a difference between the two prices, the price shown in writing is respected. 29/11/2019 15:53 ​​It was created by the Supreme Court Information Center.
PRESIDENCY OF THE COURT
The cost of the policy is shown only in writing or in numbers only and if there is a difference between the prices, the least amount is deemed valid. ”provision. As can be seen, the price of the bill may be written only in numbers or in writing per year, or both in writing and in numbers. The amounts shown in figures and letters do not refer to each other, and if they are different, bills are deemed to have been calculated over the amount shown in letters (Doğanay, İ .: Commentary on Turkish Commercial Code, Volume II, Istanbul 2004, p.1791,1792). When the explanations made above, the realization of material and legal facts between the parties in terms of the scope of the file, the principles of exchange law and the concept of the ordinary flow of life are considered as a whole; the subject of the foreign exchange deed and the debtor subject to the case ... is arranged by a person named, the deed of the deed with the numbers and letters of the creditor and debtor names written by this person at a time, there is no dispute between the parties in the matter of any distortion. However, the claimant's claim that the plaintiff, who has purchased a flat with a total amount of 67.000,00TL by withdrawing credit from the bank, gives the plaintiff the high amount that cannot be explained by the plaintiff's financial situation without any guarantee, is contrary to the ordinary flow of life (general life experiences). that the person who is based on the flow is no longer obliged to prove his claim;No. 5083, the Republic of Turkey

In accordance with the Law on the Currency of the State and the Decision of the Council of Ministers issued in this context, the use of YTL was abandoned as of 01.01.2009 and the term TL was re-entered and therefore, due to the confusion of the concept,
Considering that the amount is a thousand times higher than the amount indicated by the figure, it is appropriate that the court resists the previous decision on the acceptance of the negative case. For the reasons explained, the decision of the local court is in accordance with the procedure and the law and the approval of the decision to resist
must.

CONCLUSION: For the reasons explained above, the rejection of the appeals objection objection of the defendant's attorney and the approval of the decision of resisting, the following fees (46.104,00TL) to be taken from the appellant, the decision of the same law in accordance with Article 440 of the decision within 15 days of the notification of the decision is open. .2019 was unanimously resolved.