The proof of insolvency in Enforcement and Bankruptcy Law

The proof of (debt) insolvency is a certificate which shows that the debt collection attempt is not fully accomplished during the creditor's attempt to collect the debt from the debtor by the compulsory executive proceeding. It applies to both debt enforcement proceeding and bankruptcy proceeding processes. It is created for the creditors who could not successfully manage to collect the debt. In this thesis, the study of proof of (debt) insolvency will be done in the enforcement law and bankruptcy law, but the proof of insolvency in enforcement law will be worked through. Specifically, it will address the followings: the concept of proof of insolvency accompanied by doctrine and Supreme Court orders; the coverage of this document where the boundaries are drived from the enforcement and bankruptcy law and the law evidence; the proceeding conditions that may occur and when these conditions may in fact occur, which agency will be responsible and how they are issued. Outcomes from created of the insolvency proof in enforcement law are not only limited to the enforcement and bankruptcy laws, but also some outcomes are possible in other private law branches and public laws. In this thesis, some detailed analysis will be on new executive proceeding by the insolvency proof, present properties during it's new proceedings, its legal relation with participation to an attachment and action for rescission of disposition, registry of insolvency proof which is rather new application in our laws. In addition, other judgments coming from its use in private and public law will be presented. Furthermore, it will be compared to the existing certificates similar to the proof of (debt) insolvency which are currently present in our judicial system. Law maker may adopt a minutes of attachment as the proof of (debt) insolvency as long as it satisfies the existing legal conditions. If the minutes of attachment shows that the debtor does not possess any of leviable property it will have the same outcome as the proof of (debt) insolvency. Similarly, if the distrained goods do not cover the total debt it will be named as "Proof of Interim Insolvency" which will have much restricted scope. The insolvency proof prepared in bankruptcy laws has several different organizational and core features due to its specific bankruptcy proceeding. Therefore, its outcomes are not the same as the ones from the insolvency proof of the enforcement law.