Reasons of bankruptcy and concordatum instead of bankruptcy adjournment
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Abstract (EN)
The aim of this master's thesis study is to publish the Law No 7101 on adjournment of the Executionand Bankruptcy Law instead of the adjournment of bankruptcy in the Official Gazette 30361 to examine the concordat institution which is bring in to effect by serious changes and innovations to ensure that the concordat institution became operational. The explanation of the bankruptcy institution within the legal framework which is the reason the concordat institution has become operational. The purpose of this thesis focused primarily on bankruptcy and the reasons of bankruptcy. Because of both of the concordat institution and the concordatod bankruptcy that provides serious work before the purpose of adjournment the bankruptcy of the debt or prevent the bankruptcy of the debtornamely The protection measures are taken to prevent the bankruptcy of the debtor. In this thesis, General information will be given about the causes of bankruptcy and the reasons of bankruptcy will be analyzed under main lines. In the continuation of our thesis, before to approach concordat institution the differences between the institution of adjournment and concordat which is effective implementation are a before the change are mentioned. Mainly the purpose of adjournment bankruptcy institution, to prevent the bankruptcy of companies which is economically in a difficult situation by allowing them to be reintegrated in to the economy to allow the borrower to continue to exist and thus to ensure that the creditors will receive their balance receivable but with malicious approaches of enterprises. However with the malicious approaches of the enterprises, it has led to the establishment of an arrangement which is intended to prevent borrowers from paying their debts for an indefinite period which is contrary to the real function of the institution adjournment of bankruptcy has reached such a level that; Many creditors have come to the brink of bankruptcy just because they could not receive their receivables and have entered into a major economic problem. As a result of these problems and the economic order, amendment of the law become mandatory. the institution of adjournment of bankruptcy was abolished and the rights of the creditor were also observed more overcreditor has a right to give a hearing, a concordat system in which the borrower is inspected. In this study the concordat institution which is quite new has been taken into discussion. KEY WORDS; adjournment of the bankruptcy, concordat, reasons of Bankruptcy, Bankruptcy
Author
Erdal Emir
Institution
How to Cite
Erdal Emir (Master Thesis). Reasons of bankruptcy and concordatum instead of bankruptcy adjournment, 2019, Gaziantep University.
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