Implied cause of actions in action for rescission
2019
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Advisor: Dr. Öğr. Üyesi Hakan Albayrak
Abstract (EN)
The action for rescission causes a cancellation of possession of the debtor in case of doubtful dispositions before attachments and bankruptcy from the part of the creditor. It is the action that enables the creditor to attach the property that has been reduced by the debtor, and from the part of the bankrupt's estate provides to include the same property to the bankrupt's estate. From the perspective of the action for rescission, the proof of insolvency without paying the debt is an implied cause of action regulated by the Debt Enforcement And Bankruptcy Code. Furthermore, there are also some implied cause of actions accepted by the Turkish Court of Cassation. These include a real creditor, a finalization of the execution proceeding and the fact that the follow-up of the requested disposition has been started after the time of debt. In the present study, the proof of insolvency without paying the debt, and the acceptance of implied cause of actions by the Turkish Court of Cassation have been analyzed. Keywords: Action for rescission, cause of actions, implied cause of actions, debt enforcement and bankruptcy law.
Author
Dr. Mehmet Aslan
How to Cite
Mehmet Aslan (Master Thesis). Implied cause of actions in action for rescission, 2019, Çukurova University.
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