In short
A letter of guarantee is not turned into cash by enforcement, and proceedings opened against the debtor do not turn the bank into a payment order. Proceedings opened against the debtor or the customer do not force the bank to pay the amount of the letter. The beneficiary applies to the bank on the condition in the text of the letter. If the bank pays, recourse is a separate claim. A rate and a day are not in this text.
The file opened against the debtor is not read so that it passes by itself to the amount of the letter. The letter is not a court judgment. A promise of payment is not treated as drawn before the text is read. If the maturity line is on the letter, that line is read. If there is no line, a day is not invented.
Enforcement does not stand in for the bank's payment
Proceedings under a judgment, or without one, may arise from the principal claim between the beneficiary and the account holder. Those proceedings do not force the bank to pay the amount of the letter. The bank is addressed with the demand and the documents written in the text of the letter. If the text says a first written demand, an extra document is not looked for. If the text says an invoice, a notice, or a court decision, it cannot be said the bank will pay without that document. Which pattern applies is read from the paper itself. A contract may be the basis of the principal debt. A contract does not stand in for the text of the letter. Service separates from the annotation whether the notice went to the bank or to the debtor. If the annotation mixes, the two addressees are not treated as one.
Which route the principal claim will be asked by sits under a commercial claim. If there is a judgment, the route sits under enforcement under a judgment. If there is no judgment, it sits under a request for proceedings without a judgment. A notarial acknowledgement note does not stand in for this letter. The separation sits under enforcement under a judgment with a notarial note.
After the bank pays, recourse is separate
If the bank pays the amount of the letter to the beneficiary, a recourse claim against its customer may arise. This claim is not the letter itself. The bank may open proceedings separately with the credit contract and the recourse record. The letter in the beneficiary's hand does not become the judgment of the bank's recourse file. After the payment, the balance is set out separately. The lines sit under the account cover. The statement should separate which amount went to the beneficiary and which amount was claimed back from the customer. A statement that does not separate them does not make the two claims one line. The record may show the moment of the bank's payment. If there is no record, the day of payment is not completed.
The text of the letter, and presentment
The maturity of the letter may show the last day the beneficiary can apply to the bank. Whether the bank will pay after maturity has passed depends on the text and on a recorded presentment. Opening enforcement because the period is up does not cash the letter. Which branch the presentment will be made to is also in the text. An oral telephone call does not stand in for a written demand for payment. The date the demand reached the bank is read from the transfer record in the file. If there is no record, arrival is not assumed. The petition should write what the beneficiary asked of the bank and which letter number it relies on. If there is no number, a number is not invented. If the application mixes the number of the enforcement file opened against the debtor with the number of the bank application, the two doors are not treated as joined.
The decision ties whether the bank will pay to the text of the letter. While there is no decision, the enforcement file is not the bank's payment order. The register may show the company's trade name. The register does not change the beneficiary of the letter. If a document is missing, the name of what is missing is kept. A missing document is not completed with a sentence of a rate. There is no percentage in this text.
The beneficiary should show, in the writing given to the bank, the letter number, the amount asked, and the document the text looks for. If the amount asked exceeds the ceiling on the letter, the exceeding part is not added before it is read from the text. The bank making a partial payment does not by itself turn the remaining amount into a judgment against the debtor. The remaining amount is spoken when the payment receipt and the text of the letter stand side by side. If there is no receipt, a partial payment is not assumed. The customer keeps separately the counter-undertaking arrangement given to the bank. That arrangement is not a copy of the beneficiary's application to the bank. If the two papers mix, recourse is taken for the amount of the letter itself. The supposed equality does not complete the figures in the file as a rate. A day is not produced from this lack either.
Where the letter is read from
The text of the letter and the enforcement file stand side by side, and this article does not add the rate and the day. An Ankara lawyer reads from the letter that the office being in Çankaya does not change the competent authority. This article does not treat proceedings opened against the debtor as the bank's payment. This article does not write the recourse claim as the letter itself.
Conclusion
A letter of guarantee is not turned into cash by enforcement. The beneficiary applies to the bank on the condition in the text. If the bank pays, recourse is separate proceedings. A rate and a day are not written. The frame stands on the enforcement and bankruptcy page. The basis is the Enforcement and Bankruptcy Code.