Master'sOpen Access

The reasons of the termination of the auction in enforcement and bankruptcy law

2019
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Advisor: Doç. Dr. Hasan Ayaydın

Abstract (EN)

According to the Execution and Bankruptcy Law which was accepted in 09/06/1932, if the debtor does not fulfill his debt; the creditor shall apply to the executive organs of the state to debit the debtor's property and collect and sell the goods that he has rendered by cashing. The conversion of impressed goods into cash in the Execution and Bankruptcy Law; the creditor is regulated by a process for balancing the interests of the debtor and other interested parties (İİK 106-134). The regulation here is related to how to make the increase, and on the other hand, Article 134 of the İİK does not limit the reasons for the termination of the tender. Therefore, the reasons for the termination of the tender are different in every process of increase. According to the code, the doctrine and the decisions of the Supreme Court in general, the reasons for the termination of the auction are; the reasons for the termination of the auction before the preparatory process and for the preparation to increase, the reasons for the termination of the auction during the increase were accepted as the error of the auction and the fact that the buyer was faulty in the nature of the goods. The reasons for the termination of the auction, the absence of a valid sale demand, such as the sale before the preparation of the reasons for the termination of the auction; the reasons for the termination of the auction regarding the preparation period for the increase in the sale announcement, such as the place and the day of the auction and the irregularities in not preparing the increase specification; the reasons for the termination of the auction during the increase, such as irregularities in which the increase has been made before or after the time specified in the announcement; the reasons for the termination of the auction which is caused by violating the law and morality such as preventing the persons who will participate in the increase by threatening or misleading and entering the auction; as the result of the acquisition of the goods subject to the increase, the goods are considered to be the reasons of the termination of the auction due to the fact that the buyer has made a mistake in the basic qualities of the goods. In this study, it is aimed to ensure that tenders are made in compliance with laws through minimising irregularities occuring during the sale process and to prevent tenders from being teminated correspondingly; as it is stated above.

Author

Dr. Harun Alsancak

How to Cite

Harun Alsancak (Master Thesis). The reasons of the termination of the auction in enforcement and bankruptcy law, 2019, Gümüşhane University.

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