DoctorateOpen Access

The principles of distribution in Turkish and Swiss bankruptcy law

2021
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Advisor: Doç. Dr. Tolga Akkaya

Abstract (EN)

With the decision of bankruptcy, all creditors in association with a bankrupt are included in the liquidation in order to collect receivables, provided that certain conditions are fulfilled. The most significant part of the liquidation regarding the bankruptcy is the process of distribution which allows creditors to collect receivables. Both creditors and bankrupts take advantage of the duly execution of the distribution process. Therefore, the issues regarding the determination of the principles for the distribution process to be executed in case of a bankruptcy, and adherence to such principles become prominent. Within the scope of this study, by determining the point that the distribution takes place in the bankruptcy, the processes included in the distribution will be explained. Specifically the processes included in the distribution, and the legal procedure to which can be resorted in relation to such processes will be addressed in comparison with Swiss law. This study consists of three chapters. The concept of distribution in bankruptcy, its legal characteristics, the competent authority to execute the distribution, the conditions related to the distribution and an order table will be addressed in the first chapter. In the second chapter, the procedures that can be resorted with respect to the order table will be reviewed into two parts, as objection lawsuit and complaint. As for the last chapter of the study, the concepts of share table and final account will be discussed, and the method of complaint that can be resorted for such processes will be scrutinized.

Author

Dr. Tuğçe Arslanpınar Tat

How to Cite

Tuğçe Arslanpınar Tat (Doctorate thesis). The principles of distribution in Turkish and Swiss bankruptcy law, 2021, Anadolu University.

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