Abstract:

Concordat, which had rare applicability in practice before amendments brought by Code Nr. 7101, is expected to maintain new maneuverability for debtors in financial difficulties while protecting the rights of creditors and establishing a more advantageous situation for them. In order to achieve these goals, a so to speak “conciliation” is ensured under supervision of court between debtors and creditors and thus both parties receive their rights and financial release at some point. While the process for this is ongoing, debtors are protected from possible legal pursuits and their transactions are supervised to prevent any damage to be done to creditors. Commissioners have a great responsibility to secure these functions of the concordat. In this study, the concordat process is examined basing on phases of the process, and the duties of concordat commissioners are clarified depending on each phase. In this context, the legal background is explained while accounting information and financial aspects are taken into consideration.

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