Issuance of executive order regarding trust, guarantee and conditional checks in the assumption of transfer to a third party

Commercial documents, including checks, as an enforceable document in the transactions of individuals, especially commercial transactions, have a special role for which the government requires special rules. A check, as a commercial document, may be issued with a condition of trust, guarantee and condition, which will have different effects if it is transferred from the holder to a third party. Including a condition of trust, guarantee or conditional in a check or in another document can be effective in considering the transferred third party as having good faith; Of course, it is obvious that third-party information has been the focus of the legislator's attention in any way, whether it is specified in a commercial document or another document. In the event that the transferee informs the third party of the restrictions on the commercial document, the advantage stipulated in Article 23 of the Check Issuance Law regarding the issuance of an executive order against the issuer or the account holder will not be applicable by him, and this advantage is only for the third party in good faith. . Therefore, according to the advisory theory of the General Legal Department of the Judiciary and citing the unique characteristics of the check document, including the abstract description that has been cited in different judicial opinions, legal protection can be applied to the third party.