Özet:

In this study, the court has examined the agreement of the spouse in the court in light of the General Assembly's decision. In accordance with Article 603 of the Turkish Debt Act (TBK), the provisions relating to the consent of the spouse shall also apply to other contracts made under other names by real persons regarding the granting of personal guarantee. Aval is a kambiyo commitment specifically aimed at providing the payment of the kambiyo seed partially or entirely. Aval does not enter the scope of TBK m.603 because the aval is a unilateral legal process. The legal nature of the Avalin is not the contract of assumption and guarantee of a third party, because the necessary elements in these contracts are not included in the Avalin. There is no reason for the consent of the spouse to be granted by the Aval to TBK m.584. For those who seek the law to not be subject to the judgment of the consent of the spouse, they may choose other methods to not be subject to the judgment of the consent of the spouse in the court. However, the source of the kambiyo seeds is an international contract and the aval also prevents the application of the consent of the spouse.

Anahtar Kelimeler: