290 / 521
In another decision
4
, the Court of Cassation notes the differences
between the bill guarantee and surety, and again reaches the same con-
clusion; specifying that TLO Art.603 cannot be applied to bill guaran-
tees due to the existence of special provisions under the TCC.
Conclusion
Article 603 entitled “Application Area”, which was not present in
the Law of Obligations No. 818, generated different opinions.
However, pursuant to recent decisions rendered by the Court of
Cassation, it may be concluded that a new regulation will not have an
impact on the bill guarantee relationship, which is regulated through
the special provisions in the TCC. Bill guarantees shall only be subject
to the provisions in the TCC.
274
NEWSLETTER 2014
4
Supreme Court, 12
th
Civil Chamber decision numbered 2013/10055 E., 2013/24337 K., and
dated 27.6.2013.