Master'sOpen Access

Establishment of pledge of debt

2021
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Advisor: Prof. Dr. Mehmet Serkan Ergüne

Abstract (EN)

In this study, the issue of establishing a pledge of debt is discussed from a theoretical perspective. What the pledge of debt is and how the pledge of debt will be established when the right to claim is the subject of a pledge, is the main issue discussed within the scope of the study. A pledge of debt, is a right of pledge that constitutes the right to claim as its subject. As a rule, the establishment of a pledge of debt, as a type of volitional pledge, occurs when the right holder disposes of his claim as determined in the law. Establishment of the pledge of debt is, basically, subjected to the principles stipulated in the provisions of articles 955 and 956 of the TCC. Article 955 of the TCC has been dealt with the establishment of pledge, within the distinction of whether it is tied with documents or not. When the provisions of articles 955 and 956 of the TCC are evaluated together, another distinction in the establishment of the pledge is stipulated separately according to whether the documented debt's legal nature is negotiable instruments or not. On the other hand, in some special cases where the right to claim is subject to pledge, there are differences in the principles to be applied to the pledge. Within the scope of the study; doctrine, judicial jurisprudence and comparative jurisprudence have been utilized in the handling of the subject. Keywords: Pledge of Debt, Pledge, Right to Claim, Pledging Endorsement, Pledge of Movable

Author

Dr. Hilal Rabia Yıldız

How to Cite

Hilal Rabia Yıldız (Master Thesis). Establishment of pledge of debt, 2021, İstanbul University.

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