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mentioned companies and enterprises, shall not be used in favor of these
companies and enterprises.
Pursuant to Article 7 of the Act, in case there is any violation of
the provisions of the Act, an administrative penalty shall be charged.
According to the relevant provision, this person shall be condemned to an
administrative penalty of not less than 100 days.
Decisions of the Court of Appeal
Pursuant to the decision dated 30.10.1979 and numbered 1979/3309
E. - 1979/5469 K. of the 11th Civil Chamber of the Court of Appeal,
letters of guarantee are required to be drafted in Turkish except for the
cases where it is obligatory to use foreign international terms because of
the characteristic of the business, other terms in foreign language are not
valid.
Pursuant to the decision dated 23.06.2003 and numbered 2003/3773
E. - 2003/8176 K. of the 13th Civil Chamber of the Court of Appeal, with
reference to the Article 1 of the Act, it is stated that the notation on the
receipt is required to be in Turkish, however while in the agreement it is
stipulated that the payment shall be made in foreign currency, request for
payment of the debt in Turkish Liras considering the relevant obligation
is not accurate.
Pursuant to the decisions dated 04.12.2007 and numbered 2006/89
E. - 2007/15338 K. and dated 04.05.2009 and numbered 2009/2051 E.-
2009/5292 K. of the 11th Civil Chamber of the Court of Appeal, it is
stated that it may be decided on the validity of the agreement and its
annexes which are drafted by the bank within Turkey and sent to the
foreign branch in English in order to be signed by the evaluation of Article
1 together with Article 4 of the Act.
Moreover, it may be determined by the judicial precedent of the Court
of Appeal that terms in foreign language may be added to an agreement,
which is required to be drafted in Turkish, because of the characteristics
of the business and this is not violating the Law.