Master'sOpen Access

The effects of bankruptcy on litigation and follow-up processes

2019
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Advisor: Prof. Dr. Ramazan Arslan

Abstract (EN)

The concept of bankruptcy becomes one of the common concepts throughout these days, in which economical conditions become harder and the world is facing with financial crises more frequent than past times. The bankruptcy can be defined as a legal circumstance of a company which is in economical crises, money stockouts and a company which could not carry on its economical activity. The bankruptcy is one of the instutite which can affect to whole society and economy of the country in addition a company which is in economical challenge. One of the legal results of process of bankruptcy is giving rising to pause of some trials and some enforcement proceedings. By beginning of procedure of bankruptcy, a company which is in economical crises, money stockouts and a company or person which could not carry on its economical activity have been named as "bankrupt" and then trials and enforcement proceedings about bankrupt is stopped due to beginning of procedure of bankruptcy. This process starts to cause solid results in trials and enforcement proceeding by validity of verdict about bankruptcy.There are some exceptions of provision aforementioned above about pause of some trials and some enforcement proceedings as in case of every legal provision. Some trials and enforcement proceedings do not stop with initiation of bankruptcy process because of their content and continue without any problem. Actions for annulment of objection, negative declaratory actions, actions of debt and actions for restitution are trials which affect more than other trials. Hence, as I see, these trials ought to be evaluated and analysed deeply.Bankruptcy process in Turkish Law is a concept which should be evaluated practically in life-cycle of bankrupt. To reach successful result in continuation of the bankruptcy process, bankrupt and other people in process should behave like bankruptcy rules properly. Because of this, it is so crucial that a company which faces with bankruptcy can manage process successfully, can get information about its results, its necessities, yields from professionals in depth. Owing to importances of the bankruptcy above referred, hopefully, my thesis study can make a minor contribution to the sea of law.

Author

Dr. Dilşen Tülay Özsoy

How to Cite

Dilşen Tülay Özsoy (Master Thesis). The effects of bankruptcy on litigation and follow-up processes, 2019, Başkent University.

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