Master'sOpen Access

The rights of creditor after the default of debtor on movable pledge in commercial transactions

2019
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Advisor: Dr. Öğr. Üyesi Fatih Aydoğan

Abstract (EN)

Due to its nature, commercial transactions vary. One of the tools that people use to provide financing in commercial transactions is movable pledge. In practice, as a financing tool, movable pledge in commercial transactions has a much more functional and important place in commercial life. In Turkish law, without delivery the pledges of movable were revised with the Law on Movable Pledge in Commercial Transactions (TİTRK), which entered into force on 01.01.2017, and the application area of the without delivery pledged movable was extended and efficient rights were given to the creditor. In particular, the creditor is given the right to demand the transfer of ownership directly after the debtor's default. The scope of the examination of this thesis is the rights of the creditor after the debtor's default in movable pledge in commercial transactions. Following the establishment of the pledge right, the subject and the pledged assets within the scope of the TİTRK, it will be examined on the rights of the creditor after the default of the debtor in the International Regulations, Cape Town Convention and Protocol and UNCITRAL Model Law for Secured Transactions. In the last section, the rights granted to the pledge creditor after the debtor default will be examined in comparison with the international regulations. In addition, the provisions of the Turkish Civil Code and the Abolished Commercial Enterprise Pledge Law will be compared with TİTRK.

Author

Dr. Emrullah Tokmak

How to Cite

Emrullah Tokmak (Master Thesis). The rights of creditor after the default of debtor on movable pledge in commercial transactions, 2019, İstanbul University.

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