Abstract:

Various amendments were made in the Execution and Bankruptcy Code No. 2004 in order to eliminate the issues experienced in practice related to the Enforcement and Bankruptcy Law. Code No. 7343 on the amendments came into force by being published in the Official Gazette on 30th November 2021. With this code, important changes were made on the annulment of tender. These amendments are related to the persons who may request the annulment of tender, start of the complaint period, fees and guarantees, the hearing, fine and the actions to be taken by the court in case of lack of jurisdiction or competent. As it can be seen, fundamental changes have been made regarding the annulment of tender complaint. The purpose of these amendments should be revealed so that the practices before the change do not continue. The main purpose of the amendments regarding the annulment of tender is to eliminate the practices that adversely affect the complaint process and to prevent the abuse of the remedy of complaint. This purpose is clearly stated in various parts of the preamble of the code. This study was presented in an effort to reveal the purpose of the amendments and to interpret the amendments with this purpose. The changes made in the study will be examined under separate topics, and it will be tried to explain how the amendments should be compared with the previous regulation and how they should be understood.

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