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Legal remedies during the concordatto process

2023
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Advisor: Dr. Öğr. Üyesi Mesut Ertanhan

Abstract (EN)

The Concordat is a legal possibility adopted in order to prevent the bankruptcy of debtors subject to bankruptcy and to ensure the correction of the financial situation of debtors who are not subject to bankruptcy. However, since the concordat is subject to a short grace period and is subject to stricter conditions compared to the postponement of bankruptcy, it remained as a legal possibility that could not be applied to a large extent until 2018 in terms of the Turkish legal system. With the Law No. 7101 on the Amendment of the Enforcement and Bankruptcy Law and Certain Laws adopted on February 28, 2018, the provisions regarding the postponement of bankruptcy were repealed on the grounds that the postponement of bankruptcy did not fulfill the purpose of its establishment and that the more effective use of the concordat institution is a necessity in terms of commercial and social life. Article 285 of the Enforcement and Bankruptcy Law No. 2004 aims to provide debtors with the opportunity to avoid bankruptcy and, in essence, to pay their debts. Since certain procedures must be followed in the concordat process, the legislator has foreseen certain remedies. While some of the remedies envisaged in the law are characterized as legal remedies, some of them are characterized as legal remedies. Within the scope of the study, the manner and procedure of application to legal remedies has been examined, and the provisions and consequences of the applications in the context of both legal remedy and legal remedy have been tried to be addressed in all aspects.

Author

Merve Yalvaç

How to Cite

Merve Yalvaç (Master Thesis). Legal remedies during the concordatto process, 2023, Antalya Bilim University.

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