Özet:

The Law on Pledge over Movable Assets in Commercial Transactions, which was prepared and put into effect in order to overcome the difficulties experienced by Small and Medium Sized Enterprises (SMEs) in providing financing, brought many problems. The fact that the pledge on movable assets by the condition of delivery in the Turkish Civil Code has been replaced by the registered pledge system does not prevent a pledge on movable assets in commercial transactions from being carried out on the basis of delivery. It is also possible to establish more than one registered pledge on a movable asset. In such cases, the determination of the legal conclusion terms of the sequence of the pledges depends on the system adopted by the legislator. It is seen that The Law on Pledge over Movable Assets in Commercial Transactions includes both the system of fixed degree and the system of progression. Determining which system will be detected according to which circumstances and reaching an appropriate legal result in this direction requires a careful analysis. Additionally, in some cases, the extension of the validity period of pledge is encountered. In this case, it is also important to examine whether the right of pledges, whose validity period has been extended, can maintain its position against other pledges. Finally, it is necessary to determine how the proceeds of a movable asset subject to pledge will be affected by this pledge. 

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