Bankanın Mevduat Hesabı Üzerinde Takas veya Mahsup Yetkisi

Money in the bank deposit account which forms the basis of banking transactions, with evolving technology, can be subject to a wide variety of transactions. Depositors now can pay their bills, fulfill their responsibilities such as credit card debt or credit debt without going to the bank. Besides, there are some items which the bank has through a deposit account and must receive. It can be said that these receipt transactions that the bank makes realize over deposit account have legally the characteristic of barter or offsetting. Between the concept of barter or offsetting are very important differences. Therefore, these concepts should not be used interchangeably. While the authority of the barter of the bank is not regulated in the Banks Law No. 4389, article 61 of the Banking Law No. 5411 clearly regulates the existence of the authority of the barter arising from the law with reference to the general provisions related to barter. However, it is also possible to be included provisions in the bank deposit agreement between the parties contrary to the matters regulated in the general provisions regarding the barter. The authority of offset can be recognized by the deposit account contract that the bank draws up with the customer. If there is no provision in the contract stating that the bank has the authority of offset, the offset made by the bank is legally unfair.