(THE LEGAL CHARACTER OF THE CHEQUE WHICH IS NOT SUBMITTED WITHIN DUE OF TIME)

How a stale check should be characterized legally is an important issue with ramifications especially under the Law of Negotiable Instruments, as well as under the Law of Civil Procedure, under the Law of Obligations, and under the Law of Execution and Bankruptcy. Under the Turkish Law there is no direct regulation that addresses this issue. Therefore, the disputes arising on this issue are resolved especially under the guidance of the precedent decisions of the Court of Cassation, and within the framework of the different views under the doctrine. In our study we have established that the decisions of the Court of Cassation also constitute the basis of the opinions under the doctrine. For this reason, we tried to evaluate and indicate our opinions by explaining the current decisions of the Court of Cassation, and the views under the doctrine on this issue.