OBJECTION TO BE DURING THE RESULTS OF THE INVOICE OR FAILURE TO

OBJECTION TO BE DURING THE RESULTS OF THE INVOICE OR failure to
 
There is the invoice description of the Turkish Commercial Laws of the Old and New.
 
All statements and function within the framework of our legislation, we invoice the invoice; “that occurred in a commercial relationship between the vendor and the customer which is used to prove the legal nature of a document which” are defined as.
 
December 24, 2003 published in Official Gazette No. 25326 Date E.2001 / 1, K. No. 2003 / 1 of Law Supreme Court case law of the Assembly bill to the General Council Decision mentioned, is related to material aspects of the contract for performance of the TCC. ‘S 23 / 2 During the appeal is accepted by olunmamak certified according to the contents of the default, but the material aspects of performance of the contract be included in the bill as the usual type of goods sold or the number of work performed, the type, such as the cost may be based on the issues. There is not primarily on the formation of the contract, the contract performance issues related to the changes and put the other party’s status ağarlaştıran invoice records in case of later-that-even if it be objected muhatabınca usual for the content of such records and the invoice must be accepted, as well as the shape of the purpose of the regulation will be reduced to the contrary.
 
Indeed, the TCC during discussions on the board. ‘S 23 / 2 Article hükmündeki the usual content of the invoice career (usual münderecatı) should be valid on, the usual issues related to the content of performance were considered to be limited to, contract, invoice, or other changes that exacerbate the Ptolemaida if adopted by the state, the usual (habitual), these issues are not objected to the bill during the field does not these records will not be responsible if adopted.
 
In addition, the merchant, in the absence of the person receiving the invoice for consumer protection, especially the economically more powerful merchant (vendor, etc..) Should be protected against the recipient, the recipient’s record of eight days of invoice date difference introduced the bill in the case of regulating the merchant does not object to the TCC. ‘S 23 / 2 Article presumption can not be exploited, failure to object to registration of the invoice date difference doğurmayacağı result has also been approved.
 
Invoice describing the above have said “that occurred in a commercial relationship between the vendor and the customer which is used to prove the legal nature of a document which” has all the elements of an invoice containing the actual data statements.
 
Billing;
• Vendor must demonstrate a relationship with the customer, taking place between the commercial. For this purpose, the commercial relationship between the two sides agreed during the establishment of the first considerations should include. Establishment phase of the commercial relationship between the two sides agreed invoice does not contain matters specified in the law, if not contested within 8 days of invoice will not mean acceptance. Because the two sides agreed under the terms of an invoice is not issued.
• demonstrate the commercial relationship between the two sides vesikasıdır Invoice. Bill is a law in article titled “Commercial enterprises in the context of the goods sold, manufactured, treated, or a business which provided a benefit merchants, the other party, giving him a bill and paid the bill while it may appear.” Desirable from a customer’s invoice to the expressions of a desire to is connected, if the seller does not want to receive not mean coming off the invoice, the invoice is a document which is legally mandatory regulation.
• Persuasive evidence of a commercial relationship between the two sides invoice document because there is a legal nature.
1. Invoice Time to Appeal
 
The new Turkish Commercial Law 21 / 2 necessary for the agent brought anything to object to the invoice based on time, 8 days from the date of the invoice.
 
New and old 8-day period for objection to the content of the Turkish Commercial Yasalarında invoice has been mentioned, according to the determination of 8-day period is important. 8-day period is needed to identify the documents. For this reason, the invoice sent to the other party, should be sent by the other parties to be certain date of receipt of delivery. Besides the bill, the most guaranteed way to be delivered to the other party zabıtla.
 
Moreover bills waybill, delivery of goods to the other party given by the waybill and invoice for the goods delivered to the bottom of the location of the property, taking into account the bill is signed by a submitter, waybill date of receipt of the invoice is signed by the other party, 8-day period beginning the date shown in the law.
 
Written contract between buyer and seller as well as the Law 21 / 3 as set out in Article Telephone, telegraph, communications or information in any other tool or as a technical tool, or oral agreements or oral, as established fact that there can be as usual. One thing is certain, however, to be arranged by the seller of an invoice, between the seller and the buyer of the Law 21 / 3 to accept the article as it appears to mean the presence of an agreement is required. However, in the absence of agreement between the parties either oral or written, the bill is unlikely to talk about. As a result of this, too, of course, written or oral between the parties despite the lack of a contract is issued an invoice to the other side of this invoice has been submitted, and the lack of time, in other words, the Turkish Trade Law 21 / 2 of article are betting opportunity will not be in time.
 
2. Contents of invoice
 
Turkish Trade Law 21 / 2 Article “within eight days from the date of the person who receives an invoice, the invoice for the content of possessing such an appeal shall be deemed to have accepted the contents of this.” provision that required review.
 
Required content of the regulation on the invoice and form requirements of the Tax Procedure Act 230 Took part in the article.
 
According to this;
 
Invoice has at least the following information:
 
1. Issue date of the invoice, serial, and serial number;
2. Invoice issuer name, if any, trade name, business address, and account number is connected to the tax office;
3. Customer’s name, trade name, address, if any, the tax department and account number;
4. Kind of goods or the work, quantity, price and amount;
5. The deadline for submission of goods sold and the delivery note number, (the goods to be delivered to the buyer by the seller if the seller has moved or taşıttırıldığı, delivered goods by the buyer if the buyer moved or taşıttırılması, waybill for the goods transported or taşıttırılan regulation and must be kept in the vehicle.)
 
The goods, it moved between the branches of a taxpayer with multiple business locations or for resale in cases where a broker or other agent is sent, the sender of the goods must be connected to the purple. This is about the price and cost information on the subjects written delivery notes, with the exception provision of this article with the provisions of Article 231 apply. Consignment of goods sent where and to whom it is addressed separately.
 
In so far as the ultimate consumers for consumption on the retail purchase of these goods if the goods they carry or taşıttırması retail sales receipt, invoice or waybill, provided that there shall not be required.
 
Billing, a business contract between the vendor and the customer is held within the framework. As well as the written agreement made between the seller and the customer can also be done orally. In addition, the new Turkish Commercial Code, between customers and sellers 21 / 3 as stated in Article, telephone, telegraph, communications or information in any other tool or contracts established as a technical tool, or oral statements made to validate the contents of the person who receives a letter, from the date of possessing such an appeal within eight days of the letter confirming the contract in question or comments that are deemed to have accepted.
 
Invoice, the invoice is issued on the basis of an agreement should be prepared in accordance with the provisions of this agreement muhteviyatının. For this reason, the Turkish Trade Law 21 / 2 Article “within eight days from the date of the person who receives an invoice, the invoice for the content of possessing such an appeal shall be deemed to have accepted the contents of this.” provision in accordance with the provisions of the contract with certified content is not compatible with each other in case the seller must comply with the contractual provisions of the contract should be reminded.
 
Invoice, based on the regulation of the provision of a written contract to establish the accuracy muhteviyatının case, any appeal against this issue would be much easier and less problematic.
 
Invoice, in the case of a contract based on no regulation of gene 21 of the Turkish Commercial Law Article eight-day appeal period applies.
 
When we speak of an invoice for the content, the content (the old expression of the Law; Münderecat) with word of what must be understood in the open. Implied for the content of the invoice, the invoice issued by the post the invoice of goods or service, quantity, description, amount and calculation of the amount on the invoice and the services offered or sold the goods should be accepted as information about the content. Addition to this information related to the goods or services sold, date of the invoice, date of shipment of the goods and the buyer with information about the content.
 
All of this information is out there and perform the entire contract, particularly regarding matters related to the establishment stage and the other party to the contract do not change the status of the records should have been ağırlaştırmayan and subsequently added to the invoice. Therefore, the usual contents of the invoice is required and the adoption of this information, in other words, during the performance of a commercial agreement with the full compliance with state of the invoice if spilled the contents of the invoice (münderecatının) can be considered to be complete and accurate. It has not been contested within 8 days in a situation other than an invoice is not accepted.
 
3. Invoice must be appealed
 
Former Turkish Trade Law 23 / 2 and the new Turkish Commercial Law 21 / 2 of the finished article appeal even though the invoice, the invoice is to be performed as an explanation of what there is objection.
 
First of all, we must carry the following analysis. Invoice is a document which constitutes evidence against all the time in terms of organizer. In other words, the bill has been objected to the content or have not been objected to, the bill will not change its status as evidence for itself in terms of organizer.
 
The receiving side, it first of all to be able to appeal within 8 days during this time that the opposition party that prepared the invoice documentation and history, 8-day period from the date of receipt of the invoice should indicate that. However, as mentioned above invoice was not issued in accordance with the contract during the establishment of an agreement between the parties not objecting to 8 shall not constitute acceptance of the contents of the invoice.
 
In addition, an objection to the content of the invoice, reported be the opposite side, in other words, the bill regulating the content of the invoice to the party to the appeal can be explained should explain all the issues need to be made in writing, at least in terms of initiating the two sides get along or that the problem is important.
 
In addition to regulating the receiving of the invoice if there is a written contract, the invoice recipient of the terms of the agreement and the deal was billed objection to explain what is the objection of the future will need to be made in writing.
 
Besides, the objection to the content of all invoices to ensure that quality of a document, which may later use is important for the legal dispute. Delivered by the party which will be taken to ensure that the documents sent to this appeal, in other words, the objection period occurs in the channel to be done with a notary for the proof will be in place.
 
The new Turkish Commercial Law 23 / 3 with the relevant provisions in Article has notified the seller of a product defective.
 
According to this;
 
“During the delivery of the goods be defective within two days of receiving clear that the notice should state the seller. If it is not clear that within eight days of receiving the goods after taking delivery of the goods as a result of this review, examine or incelettirmekle and turns out to be defective, notice the seller is obliged to protect their status during this time. In other cases, second paragraph of Article 223 of Turkish Code of Obligations shall apply. ‘
 
According to these provisions, the recipient receives the goods is apparent at delivery of the goods are defective, the buyer is obliged to notify the seller within two days of availability.
 
If you received the goods if it is not clear that the shame of the recipient, the delivery of the goods delivered within eight days from the date of inspection or incelettirmelidir. If defective goods received as a result of this examination revealed that the situation in the eight-day period are required to notify the seller.
 
If the recipient does not fulfill this requirement of the Law of Obligations 223 / 2 in accordance with Article, is deemed to have accepted in a number of commodities.
 
As we mentioned, the Law of Obligations Article 223 as follows:
 
Article 223 – the recipient, according to the ordinary course of business opportunity is found inherits the status of sold and to review the seller’s responsibility satılanda a shame if required, it shall notify him within a reasonable time.
 
If you neglect to review and to report to the recipient, shall be deemed to have accepted satılanı. However, a regular review of satılanda but it may not occur if it is a shame, this provision does not apply. Such a shame, where afterwards understood, must be reported immediately to the supplier, have not been notified of this ayıpla sold together shall be deemed accepted.
– – • – –
Claimant must prove the cost amount to the amount of goods sold and delivered. Certified by the plaintiff was rejected by the defendant can not be the basis for the determination of the amount of goods. For this reason, the burden of proving the plaintiff is reduced. (Supreme Court 11th Civil Chamber E. 1990/1931 K. 1990/7421 T. 20.11.1990)
– – • – –
Cost of the work, according to the date of its quotation on the local market should be identified. According to the invoice has been contested within the period, a final invoice sayılmayacağından content, can not be based on the invoice amount as the price of the business. Amount of fee in the event of a dispute arises BK. M. 366’daki be determined in accordance with the rules. (Supreme Court 15th Civil Chamber E. 1996/696 K. 1996/1386 T. 14.3.1996)
 
4. By not objecting to invoice
 
Above, each invoice is a document which constitutes evidence against you in terms of governing, ie, münderecatına appeal has been certified or have not been objected to, not change the nature of evidence given to the bill itself, in terms of organizer.
 
Turkish Trade Law 21 / 2 with the provisions of clause “within eight days from the date of the person who receives an invoice, the invoice shall be deemed to have accepted that content on the content of possessing such an appeal.” According to the provision, within eight days münderecatı münderecatına uncontested invoice is accepted.
 
Is important here is the relationship between buyer and seller of the commercial invoice is issued as a result of this relationship is not accordance with the terms and condition. Eligibility to present law, for an eight-day objection period have been accepted in the content of the invoice is not rejected. Out of here, present oral or written contract between buyer and seller in violation of the appeal should not be an invoice within 8 days of the invoice does not mean that the content is accepted, we can say.
 
Exclusion of Certain Related to Invoice down in time must be appealed or the Supreme Court decisions have been made.
 
Invoice is not based on a contract as the interlocutor of abstract submission and has not objected to his interlocutor’s invoice does not result in the finalization. (Supreme Court 15th Civil Chamber E. 2002/1631 K. 2002/3536 T. 27.6.2002)
– – • – –
Invoices will be sent to the defendant and is not subject to appeal as the difference in the amount of maturity is shown below the 8 days of the invoice for the interest cost to implement the statement indicating payments are included. Issued in this way and have not objected to the commercial ledger invoices processed final term interest rate does not result in a request. (Supreme Court 15th Civil Chamber E. 2002/1784 K. 2003/4315 T. 25.9.2003)
– – • – –
TCC 23 / 2 in accordance with Article dishonored bill if the bill is not objected to the provision of münderecatının considered to be accepted, but which led to the contractual relationship between the parties of the invoice to apply to be proved. (Supreme Court 11th Civil Chamber E. 1988/60 K. 1988/3809 T. 8.6.1988)
– – • – –
Evidence to establish that the existence of the receivable invoices to the addressee within eight days after the receipt of the objection must be degraded. (Court of Appeals 3rd Civil Chamber E. 2000/4885 K. 2000/5011 T. 29.5.2000)
– – • – –
Contracting out of work done, was delivered olunduğu accept without protest, in Contention, this work includes the invoice price of the other party has been notified to the person who has the job of the Turkish Commercial Code, 23 / 2 the force of matter predicted (8) per day during the period of appeal in case of Lack, as of the accuracy of the cost of contracting out of jobs, the parties will be united in their will, under the business cost of final bill will be binding on the parties. (Supreme Court 15th Civil Chamber E. 2007/3090 K. 2008/3800 09.06.2008)
– – • – –
The trial basis for the invoice received from the Turkish Commercial Code, 23 According to the article in order to be considered to be final and binding on the parties, the contract between the sides about the work been done billing and cost of legal evidence to prove acceptable in the work in dispute has been a sufficient delivery of business owner must be proven by the contractor. And a concrete case, the Court accepted, as it happens only in the conditions described in the invoice to the other party has been notified and have not objected to the contractual relationship between the sides is established, the cost may be asked to prove the business. (Supreme Court 15th Civil Chamber E. 2007/2029 K. 2008/1483 07.03.2008)
– – • – –
Turkish Commercial Code, 23 / 2 According to the article, the bill of the person, within eight days from the date of the invoice on the scope of coverage as a result of the lack of appeal to be deemed to have accepted the invoice, a written contract between the sides should not be content to change the condition. (Supreme Court 15th Civil Chamber E. 2006/7750 K. 2007/882 14.02.2007)
 – – • – –
If the contents of the invoice within 8 days has been an objection arises from the presumption that only the correct data is indicated on the invoice. In this situation, the invoice has been in business or service may lead to a situation which is considered to be incomprehensible. In case of disagreement, the work must prove that it is made. In addition, the defendant has been notified to the contents of the bill in question can not be finalized. Registration takes place to move the invoice book represents only the presumption. This presumption is always possible to prove otherwise. (Supreme Court 11th Civil Chamber E. 2004/7832 K. 2005/4738 05.05.2005)
– – • – –
The defendant does not accept trading relationship. For this reason, claimant certified to withstand deliline, written on the invoice that the goods delivered to the defendant, that the delivery to the Generating contractual debt is the result of a legal relationship of the invoice is issued as a result of this relationship is also based on the general rules of evidence (including the proposal of an oath) must demonstrate that it has. Because the state is not appealed within eight days of notification of the invoice, the invoice does not indicate in writing the goods had been delivered to the recipient, this means that only accept the contents of the goods in terms of price and quantity. (Court of Appeals 3rd Civil Chamber E. 2005/8385 K. 2005/9627 06.10.2005)

5 Comments

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