Procedural law issues in the liability case of the executive board members of a joint stock company
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Abstract (EN)
The subject of this study is the procedural law problems arise in liability lawsuits to be filed against members of the board of directors and managers, pursuant to Article 553 and 555-556 of TCC. In the first part of the study, main issues related to substantive law, which have consequences in terms of procedural law, are examined and the nature of the right of action of shareholders and company creditors is determined. In the second part, the parties to the case are determined. Secondly, the defendant party is determined and the members of the board of directors and managers are examined. In the third part, the types of cases, the conditions of the case and the preliminary objections are evaluated. Accordingly, first of all, the types of lawsuits are examined, and the unquantified debt and partial lawsuits, which can be significant in terms of liability lawsuits, are emphasized. Secondly, the litigation conditions that are peculiar in terms of liability cases are evaluated. Third, preliminary objections are examined and problems related to arbitration are resolved. Lastly, other issues that are significant in terms of law of civil procedure are mentioned, trial procedure, secondary intervention and notification of the case, consolidation of cases and subjective case accumulation, proof and evidence, proceedings that end the case, litigation expenses and the problems of resorting to legal remedy are scrutinized. Keywords: Procedural Law Issues in the Liability Case of the Members of the Board of Directors, Responsibility of the Members of the Board of Directors and Managers
Author
Üstün Köprücü
Institution
How to Cite
Üstün Köprücü (Master Thesis). Procedural law issues in the liability case of the executive board members of a joint stock company, 2021, Dokuz Eylül University.
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