Any provision that conflicts with or contradicts the provisions of the Trade Act annexed to this Decree-Law is also cancelled. The decisions necessary for the implementation of the Law on Commercial Transactions annexed to this Decree-Law are issued by the Minister of Economic Affairs.
Commerce in General (art. 4 - 68)
Commercial Business, Traders and Commercial Books (art. 4 - 35)
No merchant's transaction related to his business will be accepted by any competent authority unless the merchant is entered in the business register. In this case, these books or statements are considered an integral part of the business book.
Business Concern, Trade Name Unfair Competition, Trademarks and Statements (art. 36 - 68)
The competent court informs the party of the sales contract about the offers. The person to whom the ownership of the company is transferred shall be forgiven of debts for which the creditors have not submitted statements within the deadline referred to in the previous article.
Obligations and Commercial Contracts (art. 69 - 370)
Commercial Obligations (art. 69 - 92)
If the debt is postponed and the debtor offers payment before the due date, the debtor will not deduct any part of the debt upon payment, unless with the consent of the creditor, unless otherwise provided by agreement or law. The existence of the debt instrument in the debtor's possession constitutes a presumption of debt repayment, until the contrary is proven.
Commercial Sale (art. 93 - 161)
The buyer is responsible for the item sold perishing from the time of delivery. The seller must properly obtain the certificate of origin for the sold item and present it to the buyer.
Commercial Pledge (art. 162 - 175)
If the lien is established on exchangeable property, the lien remains outstanding, even if the pledged object is replaced by another object of the same type. If the price of the pledged object falls sharply on the market, so that it is not sufficient to guarantee the debt, the mortgagor can set an appropriate deadline for the pledger to supplement the guarantee.
Depositing in Public Warehouses (art. 176 - 193)
A true copy of the warehouse receipt and the pledge document must be kept by the warehouse keeper. The storage receipt and the mortgage document can be issued in the name or at the order of the surety.
Securities’ and Commodity Contracts’ Market (art. 194 - 194)
Commercial Agency (art. 195 - 251)
The representative must provide the agent with all information necessary for the performance of the agency. The commission agent does not guarantee third party fulfillment of the obligation to do so, unless the agent.
Brokerage (art. 252 - 269)
The broker does not guarantee the creditworthiness of the parties involved in the transaction, in the conclusion of which he mediates. The intermediary is responsible for concluding the transaction jointly and severally with the contractual party, if the intermediary has an interest in this, in addition to his payment.
Transport (art. 270 - 370)
In this case, each of the sender and the recipient are jointly responsible for the payment to the carrier. The carriage of the baggage delivered to the carrier is subject to the terms of carriage of items.
Banking Operations (art. 371 - 508)
In this case, the carrier will be liable within the limits set out in Article (359) hereof. The airline will be released from liability if the airline proves that the entire damage was caused by the fault of the injured party.
Deposits, Transfers and Bank Accounts (art. 371 - 389)
The beneficiary owns the value of the bank transfer from the moment of debiting the transferor's account. The bank marks the transfer order as crediting the partial consideration or the beneficiary's rejection of acceptance of the transfer.
Current Account (art. 390 - 408)
Customer payments to TRR are not subject to interest, unless otherwise agreed. A current account between the bank and its customer is considered closed at the end of the bank's financial year.
Bank Credits (art. 409 - 440)
The beneficiary will not transfer the entitlement arising from the surety to a third party, except with the permission of the bank. The applicant for a documentary credit will repay to the bank the amount paid by him to the beneficiary, within the limits of the outstanding credit.
Operations of Commercial Papers (art. 441 - 450)
The bank accordingly retains all rights of the client to the goods or their price. If the bank pays the value of the accepted commercial paper, the value of the paper and the charges are debited from the customer's account.
Operations of Securities (art. 451 - 467)
The bank is the holder of the discounted commercial note and can exercise all rights of the bearer. The bank is liable for the destruction, loss or theft of documents, unless this is the result of force majeure.
Commercial Transactions of Islamic Financial Institutions (art. 468 - 497)
The price of the item sold will be determined as specified in the contract. The sold item will be delivered by the date agreed in the contract.
Safe Deposit Box Rental (art. 498 - 508)
A report is drawn up of the contents of the safe and signed by the judge's envoy and the bank. The renter is informed of the set date for opening the safe.
Commercial Papers (art. 509 - 514)
The bank is instructed to announce whether a safe-deposit box has been rented to the attaching party. If the attachment is enforceable, the bank will open and clear the contents of the safe-deposit box in the presence of the attachment creditor and the executor.
Bill of Exchange (art. 515 - 621)
A promissory note is a commercial paper by which the executor undertakes to pay a certain amount at sight, or on a certain date, or may be specified, to another person, namely the beneficiary. Bearer bond is a commercial paper by which the executor undertakes to pay a specified amount to the holder of the paper at sight or on a specified date or may be specified.
Execution of Bill of Exchange (art. 515 - 528)
The bill of exchange form is governed by the law of the country in which it is drawn up. The capacity to bind is determined according to the civil law of the obligee.
Negotiation of Bill of Exchange (art. 529 - 541)
Endorsement can be given to the drawee, regardless of whether the bill is accepted or not. However, the bearer may not endorse the bill, unless it is for agency purposes.
Honouring Payment of Bill of Exchange (art. 542 - 549)
If bills of exchange are drawn on the same date, the bill bearing the acceptance of the drawee shall be presented. If any bill of exchange is not accepted by the payee, the bill of exchange for which the payment of honor is due shall be presented.
Acceptance of Bill of Exchange (art. 550 - 558)
If the drawee accepts the bill, the drawee pays its value on its maturity date. If the recipient deletes the acceptance written in the bill of exchange before the bill is returned, the acceptance will be deemed to have been refused.
Collateral Security of Bill of Exchange (art. 559 - 562)
The extension shall be deemed to have occurred before the return of the bill, unless the contrary is proved. If the consignee advises the bearer or any other signatory in writing of his acceptance, the consignee is bound by such acceptance against them.
Maturity of Bill of Exchange (art. 563 - 567)
The due date of the bill of exchange, payable at sight, is calculated from the date of acceptance or the date of protest. If the bill of exchange is drawn between two countries with different calendars and expires a period after its date, the issue date will be the corresponding day in the calendar of the paying country.
Payment of Bill of Exchange (art. 568 - 580)
If the debtor does not deliver the deposit document to the bearer, the value of the promissory note is paid by the debtor. The holder of the lost promissory note can obtain a copy of it by contacting the indorser of the promissory note.
Claim and Recourse to the Obligors of Bill of Exchange (art. 581 - 602)
The debtors on the bill of exchange are jointly and severally liable to the bearer thereof. Presentation of the bill of exchange in honor, if it contains the condition of recourse free of charge.
Intervention in Bill of Exchange (art. 603 - 611)
Acceptance by intervention is made in writing on the promissory note itself and is signed by the intervener, indicating the name of the person in whose favor the intervention is made. The promissory note and the protest - if made - are delivered to the honoree by intervention.
Multiple Copies of Bill of Exchange (art. 612 - 614)
Honors in the event of intervention are proved by writing the acquittal in the promissory note stating the person in whose favor the honoring takes place. The responsibility of the subsequent endorsers is released from the person for whose benefit the honoring takes place.
Photocopies and Misrepresentation of Bill of Exchange (art. 615 - 617)
The honoring of a bill of exchange by one of its copies relieves liability, although it is not provided that such honoring renders other copies invalid. The person who sends a copy of the bill of exchange must state in other copies the name of the person in whose possession this copy is found.
Claim Hearing Prohibited by Time Bar (art. 618 - 621)
The indorser, who indorses the copies of the promissory note for different persons, and the subsequent indorsers, are bound on all copies bearing their signature and not to restore them. Interruption of the deadline set for not hearing the lawsuit has no effect, unless it is for the person against whom the deadline interruption procedure was initiated.
Promissory Note (Order Note) (art. 622 - 625)
The time limits set out in section (618) do not apply unless a judgment has been passed on the debt or the debt has been acknowledged by the debtor in a separate deed resulting in debt novation.
Cheque (art. 626 - 626)
Execution of Cheque (art. 627 - 638)
The check drawn in favor of a named person, who gives the phrase (or bearer) or any other phrase of this meaning, is considered a check to bearer. If the name of the beneficiary is not mentioned, the check is deemed to be bearer.
Negotiation of Cheque (art. 639 - 647)
The bookmark date is not transmitted, and if it is, it is treated as fake. A partial endorsement is considered invalid as well as an endorsement issued by the drawee.
Payment of Cheque (art. 648 - 658)
The prevailing market rate is accepted in the denomination of the foreign currency. The holder of a check referred to in Article 656 of this Act may file a protest against the drawee.
Crossed Cheque and Account Payee Cheque (art. 659 - 662)
If (6) six months expire from the date of the protest specified in Article (656) hereof and the holder of the check does not appear to demand payment, the protester may, in the following month, file an action in the competent court against the claimant to request that to judge the protester's ownership of the check and to obtain permission to cash its value. If the protester fails to file the action referred to in paragraph (1) hereof, or the lawsuit is dismissed, the beneficiary shall reinstate the honorarium payment on the asset side of the drawer's account.
Dishonour (art. 663 - 667)
The notice must be dated and signed on the check by the bearer or the attached letter. Matters relating to the person of the check holder or anyone so instructed to present the check or protest or equivalent shall not be considered force majeure.
Misrepresentation and Multiple Copies (art. 668 - 672)
Dishonesty shall be proved in the manner specified in the first paragraph of Article 663 of this Act, before the end of the notification day. If force majeure lasts more than (15) fifteen days, counted from the day the bearer informs the endorser of the check about the occurrence of force majeure, even if such day falls before the deadline for presentation of the check, recourse may be applied. to taxpayers without having to present a check or file a protest or the like.
Penalties (art. 673 - 684)
If the punishment is judged for one of the crimes provided for in articles (674) and (675) of this article, the court may order the removal of the check book from the convicted person and the prohibition of issuing new books for a period not exceeding ( 5). ) five years. If the court judges the punishment for one of the crimes provided for in article (676) of this article, the confiscation of the seized items collected or used in the crime is ordered, without infringing the rights of the third party in good faith.
