Order for Prohibition Without Payment
An order for prohibition without payment is sought from the commercial court of first instance in the case of instruments payable at a place or to the bearer; however, if the instrument is payable to the bearer or is drawn in the name of the bearer, this order is obtained from the commercial court in the debtor’s jurisdiction.
2) Action for Return
If a negotiable instrument has been taken from the holder without their consent and the person in possession of the instrument is known (TCC 763), an action for return must be filed in a competent court. If the holder of the negotiable instrument does not file a claim for return within the specified period, the court shall return the instrument to the person who delivered it and lift the prohibition on payment.
3) Cancellation of the Case
“E) Cancellation Order
I – Conditions
ARTICLE 651-
(1) In the event of the loss of a valuable document, a cancellation order may be issued by the court.
(2) The person holding rights to the document at the time of its loss or when the loss occurred may request that a cancellation order be issued.
II – Provisions
ARTICLE 652-
(1) Upon a decision of cancellation, the right holder may assert their right without a title deed or may request the issuance of a new title deed.
(2) Furthermore, special provisions regarding various types of valuable documents shall apply to the cancellation procedure and its provisions.”
Conditions for a cancellation lawsuit:
-The title deed must have been lost.
Th e title deed must have been damaged due to theft, burning, tearing, etc.
-The deed has been disposed of without the holder’s consent, and its current location is unknown.
If the identity of the title deed holder is known, the deed may be recovered through a court order.
– The rights on the title deed must be continuous.
Th e same rights must be held on the title deed.
– The title deed must be eligible for cancellation.
It must be listed among the deeds eligible for cancellation under the Turkish Civil Code (TCC).