Transfer of commercial enterprise pursuant to Turkish Commercial Code numbered 6102.

The Turkish Commercial Code no. 6102 ("TCC") was enacted by the Turkish Grand National Assembly on 13.01.2011, published on the Official Gazette on 14.02.2012, and entered into force on 01.07.2012. The TCC introduced innovative provisions concerning numerous matters. Probably one of the most important innovations is the new system introduced governing the transfer of a commercial enterprise. The TCC enables the transfer of a commercial enterprise as a whole with a single transaction, without requiring the realization of specific dispositive transfer transactions of each individual asset item included in (allocated to) the commercial enterprise. This transfer system, which is defined as the partial universal succession, was accompanied with many problems, and caused non-coherence with numerous codes and laws, most importantly, the Turkish Code of Obligations no. 6098 ("TCO"). In this study, we aim to examine the transfer of a commercial enterprise, through explaining the transfer system regulated under the TCC, elaborating upon the specifics governing the transfer of assets which are allocated to the commercial enterprise, and analyzing the protection of the parties to the transfer as well as third persons.