The Collection of the credit demands in Execution and Bankrupt Law

The subject of our study is generally the collection of credit demand in execution and bankrupt law. The subject ise regulated by two separate articles in the code of Execution and Bankrupt (Art. 68b, 150i). The collection of credit demand is firstly regulated in Code of Bank numbered 3182 (Art. 90, 91) and after than, the articles discussed are adapted to the Code of Execution and Bankrupt under the pirpose of making the equivalenece in practice by improving and extending the contents. The enforcement by attachment of credit demand that sourced from account indept or the pecuniary credit with short, middle, long time of payment, is regulated in the article 68b of the Code of Execution and Bankrupt. The creditor, must prepare a debit note in 15 days from the terms of account and realized interest and send it to debtors' addresses written in the contract of credit (Art. 68b/l). The sending of the debit note should only be done by notary. The debtor who did not claim the content of the debit note which is sent in time in one month, should sue the unreality of the debit note after paying the credit debit which is enforced (Art. 68b/ll). Debit note which is not refused in time, is a document in the meaning of the article 68/I of the Code of Execution and Bankrupt with credit contract and the other documents and receipts which are prepared suitable to credit contract (Art. 68b/lll). The debtor, should not refuse his signuture under the documents and receipts which the debit note based on (Art. 68b/lll). The article 68b of the Code of Execution and Bankrupt, should be applied to the cases which the article 150a of the same code, should be enforced (m. 68b/lll). The creditor should benefit from the provisions in favour of him whenever the debit note is prepared in time, send in the way of regulated (Art. 68b/ll) and is not refused in time (Art. 68b/ll, III). IVThe creditor to whom depts are due from current account in dept, the pecuniary credit with short, middle, long time of payment and non pecuniary credit, has the right to demand the realization of mortgage by an enforcement proceding holding a judgement, whenever he send the debit note or compansation note by notary in the meaning of settling the credit account. In this case, enforcement officer, will execute in the way of article 149 of the Code of Execution and Bankrupt and send commandment to debtor and the owner of the immovable which is also the subject of the mortgage. The one who uses the credit, has the right to refuse the contents of the debit and the compansation note in 8 days by notary (Art. 150i). But only in this case, the one who uses the credit, should apply the way of delaying the enforcement and also should copmlaint to the court of Execution (Art. 150i). Only the debtor who refuses the debit and compansation note should apply the way of complaint which the contents of the credit dept should be judged. In the judgment of complaint, the creditor should prove his credit by other documents which are in the meaning of article 68b of the Code of Execution and Bankrupt.