Action for revocation of a disposition based on collusion

Collusion; the fact is that the parties make an agreement that they do not really want with the intention of deceiving others. The parties knowingly and willingly come to an agreement for an apparent contract that does not comply with their real will and create a conscious incompatibility between their declarations and wills. Revocatory actions, is a type of law suit that can be filed by the creditor in order to ensure that the creditor regains his receivables by nullifying the changes made in the assets as a result of the savings made before the decision of attachtment or bankruptcy against the debtor. Due to the development of these cases in the light of judicial decisions and the application of freedom of evidence, each case should be evaluated according to its own characteristics. The merger of the collusion defined in the Turkish Code of Obligation and the Action for Rescission Based on Collusion, which is the subject of the Turkish Enforcement and Bankruptcy Code, in this way is of a unique nature. In particular, the fact that the case in question is not defined in the legislation and that such a case is essential in practice contributes to increasing the value of the subject. Due to the fact that this type of case is frequently encountered in practice and needs to be adapted to the period, it is constantly the subject of judicial decisions and debates in doctrine. The fact that the case emerged and took shape with the decisions of the Court of Cassation and that the practice progressed with the decisions of the Supreme Court keeps this issue up to date at all times. For all these reasons, the main reason for us to conduct a study on this issue is that although the subject has been in the content of our law for a long time, the problems related to these cases are always present and the solutions are shaped according to concrete events.