Özet:

Check is a bill of exchange, which is widely used in our country. In practice, the checks are often issued postdated. The purpose here is to prevent cashing the check before the date specifi ed on it. Because of this aspect, the checks are used as a credit instrument rather than being a payment instrument. In Law of Checks No: 5941, there are provisions restraining cashing the check before the specifi ed date. At this point, there are confl icts between Turkish Commercial Code No: 6102 and Law of Checks No: 5941. TCC No: 6102 doesn’t accept postdated check. The provisions of aforementioned law regarding the check have been prepared without considering the postdating of a check. On the other hand, Law of Checks No: 5941 provides the postdated check a possibility. In the present study, we examined the results originating from the practice of postdated checks. Within this scope, especially the subjects of pledge indorsement, application for payment before the term of check, and provisional seizure were investigated. In the present study, the decisions of Supreme Court were examined. It is discussed if the Supreme Court’s decisions are legally right.

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