The Request of the adjournment of bankruptcy in corporations and cooperatives according to the code of debt enforcement and bankruptcy

ABSTRACTTHE REQUEST OF THE ADJOURNMENT OF BANKRUPTCY INCORPORATIONS AND COOPERATIVES ACCORDING TO THE CODE OF DEBTENFORCEMENT AND BANKRUPTCYBarış ToramanDepartment of Private LawAnadolu University Institute of Social SciencesSupervisor: Assoc. Prof. Halûk KonuralpThis thesis titled The Request of the Adjournment of Bankruptcy in Corporations andCooperatives According to The Code of Debt Enforcement and Bankruptcy is composed ofthree main chapter. The institution of the adjournment of bankruptcy, which was placed inthe Article 324 of Turkish Commercial Code, consists in the 179th and subsequent articles ofthe Code of Debt Enforcement and Bankruptcy after the amendment to the Code by Law no.4949. This institution aims the reorganization of the corporations which are in overindebtness.In Chapter One, as a general information, definition, purpose and legal character of theadjournment of bankruptcy will be analised, as well as its comparasion to other similarinstitutions take place in the Code and serves same purposes in principle.Second chapter examines the request of adjournment. This chapter, first of all, inquiresthat who has the right to reuquest and then, the relation between the request of adjournmentand the request of bankruptcy, matter of jurisdiction (competence and venue of the court), theprocedure and time of making the request, information to be given and documents to besubmitted to the court and the taxes and the fees to be paid will be studied.In the last chapter, conditions required for the allowence of the adjournment requestwill be investigated. In this context, after the examination of over indebtness and oppurtinityof bonification of financial conditions, some positive and negative matters in relation with theallowence of the request will be evaluated.My thesis ends with a conclusion with comments on the subject.