Master'sOpen Access

Action for annulment of objection in enforcement and bankruptcy law

2021
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Advisor: Dr. Öğr. Üyesi Mehmet Kodakoğlu

Abstract (EN)

With enforcement proceedings without judgment which takes place in enforcement and bankruptcy law, creditor can take legal action with this way independently from any nature of the receivable or any bond. Enforcement and bankruptcy law pay regards legal benefit to balance between parties. Debtor can stop the execution with objecting to execution proceeding without any given reason. Upon stopping the execution proceeding, the law has given legal devices to creditor for repeal the objection. The creditor who wants to repeal the objection in court can only go for is the action for annulment of objection. Our thesis subject is the action for annulment of objection which taken a place in İİK. m. 67. Action for annulment of objection's legal character has been the subject of dispute in doctrine and practice. In the first part of our study; the issue of legal character which causes disputes and the comparison of action for annulment of objection in similar legal institutions takes place. In the second part action for annulment of objection's cause of aciton, rules of procedure and special cases are mentioned in detail. Finally, in the third part, execution damages which is one of the most important results in action for annulment of objection and the issue of adjudgement are mentioned.

Author

Orhan Onur Ay

How to Cite

Orhan Onur Ay (Master Thesis). Action for annulment of objection in enforcement and bankruptcy law, 2021, Hasan Kalyoncu University.

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