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 ASOS INDEKS
  Citation Number 2
 Views 11
7101 Sayılı Kanun İle İflas Ertelemenin Yerini Alan Konkordatonun Uygulanma Esasları
2018
Journal:  
Gümrük ve Ticaret Dergisi
Author:  
Abstract:

With the amendment made in the Execution and Bankruptcy Law, the institution of “postponement of bankruptcy”, which is being applied to this side in 2003, is abolished, and instead, the “bankrupt’s certificate” institution in the referred Law is made more effective and functional. In this context, in cases where capital companies and cooperatives are not able to cover their debts and therefore they are insolvent, it is no longer to lodge a claim for postponement of bankruptcy, but to request a bankrupt’s certificate to pay off debts or to get rid of a possible fraud by giving a term or deduction. The creditors were in a decision-making position in the bankrupt’s certificate, while they were completely out of the process in postponement of bankruptcy. In addition, unlike postponement of bankruptcy, other nutural and legal person debtors, other than companies and co-operatives, also have the right to demand bankrupt’s certificate

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