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Suits of dispose

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2007
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Abstract (EN)

In law of execution and bankruptcy ,suits of dispose ,which are personal suits, regulated between 277 and 284 articles of Execution And Bankruptcy Code (EBC) There are lost of theories proclaimed related to source of suit of nullity. Among these ,legal obligation theory is the most proper one that brings an explanation to aim ,subject and results of suit of nullity.Because, it is absouletly and relatively impossible to nullify an act valid under rules of general law.. In sinallagmatic acts ,it is obvious that right of debt related to rights and obligations arouses from a legal act can not be compensated from assets of third person without legal or conventional subrogation .In this case, it is independant for creditor to have right of demand from the third person . Subject of suit of nullity is only legal acts ,that might be evaluated as act of enjoyment ,cause transfer of a right or obligation . The term legal act I mentioned above is to be understood in a wide angle .It contains not only legal acts , but also disposes .Legal conduct is an up-term ,Legal act is an explanation of intention arousing a legal results by it self or with other pecunary elments . Suit of nullity is a kind of case that nullifies legally valid disposes we drove its frame under certain circumtainces. Actually the suit of nullity gives a right of demand but limited to its quantity whether the act is legal to the owner against the debtor or the third party that ,the act does not exist. It does not result to change the property right .As a result it is only a personal right .

Author

Mehmet Taze

How to Cite

Mehmet Taze (Master Thesis). Suits of dispose, 2007, Gazi University.

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