Changing the type of enforcement proceeding (İİK. m.43/2)

The subject of this thesis is "changing the type of enforcement proceeding" which was regulated by the Article 43 Paragraph 2 of Turkish Execution and Bankruptcy Code. In Turkish Execution and Bankruptcy Law, the execution proceedings against the debtors, who are subjects to bankruptcy, may be commence either through attachment or bankruptcy proceedings according to the creditor's choice. In changing the type of enforcement proceedings, which is the subject of our thesis, it is regulated that, the creditor who choose either attachment or bankruptcy proceedings against their debtor who are subjects to bankruptcy may change the type of enforcement proceeding for once without re-paying the judicial fees. The purpose of our study is to examine the changing the type of enforcement proceeding in Turkish Execution and Bankruptcy Law in all the aspect and pursuant to doctrine and judicial decisions. This study consists of three parts. In the first chapter, we discussed the creditor's right to choose the execution proceeding against their debtor, who are subjects to bankruptcy, afterwards the creditor's right to change the execution proceeding against the debtors who are subjects to bankruptcy. In the second chapter, we detailed explanations about the terms, procedure and period of exercising the right to change the type of enforcement proceedings were included. In the last chapter of our thesis, legal results and effects of exercising the right to change the type of enforcement proceedings were discussed.