Master'sOpen Access

Proof activity on revocatory action which taken during executive proceeding

2019
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Advisor: Dr. Öğr. Üyesi Evren Koç

Abstract (EN)

According to Article 277 of Turkish Enforcement and Bankruptcy Code, revocatory action is to revocate disposals which are regulated in Article 278, 279 and 280. The purpose of revocatory action is to satisfy creditor who was not satisfy during executive proceeding because of debtor's disposals. In a revocatory action, plaintiff is creditor. One of the defendant is debtor and another defendant is third party who takes advantage from debtor's disposals. According to Article 278, creditor shall prove that gratuitous disposals are unusual and the disposal was taken within two years before debtor's insolvency. Also, there are legal presumptions that some disposals are accepted as executed gift in Article 278. According to Article 279, creditor can take a revocatory action if there is a disposal that was taken by debtor within one year before seizure, insolvency or bankruptcy. Article 279 regulates facts which shall be claimed and proved by creditor. Those facts change according to types of disposals in the article. If third party proves his good faith, the revocatory action can be dismissed. Acccording to Article 280, creditor can take revocatory action if disposals was taken by debtor who is not able to pay his debt and has intent to harm his creditors. Creditor shall claim and prove that debtor is not able to pay his debt, debtor has intent to harm his creditors and third party knows that debtor's insolvency and his intent. The article regulates legal presumptions that some facts indicate third party's bad faith. The article also regulates how third part can disprove those legal presumptions.

Author

Dr. Elifgül Yalçın

How to Cite

Elifgül Yalçın (Master Thesis). Proof activity on revocatory action which taken during executive proceeding, 2019, İstanbul University.

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