Özet:

The action for rescission is regulated in the Code of Enforcement and Bankruptcy and the Code of the Collection Procedure of Public Claims, in order to protect the creditors against the dispositions of the debtor that violate the rights of the creditors, before or during the compulsory enforcement proceeding, and the provisions of both laws are parallel to each other. Since 2018, the Constitutional Court decided to annul the regulation firstly Article 278 of the Code of Enforcement and Bankruptcy, which "assumes the grant of savings made between close relatives in a way that cannot be proven otherwise", and then the similar regulation in Article 28 of the Law on the Collection Procedure of Public Claims as it was unconstitutional on the grounds that the freedom to seek legal rights and the right to property were violated. However, in the assessment made by the Supreme Court regarding the regulation in Article 279 of the Code of Enforcement and Bankruptcy, the provision was not found to be unconstitutional, citing the possibility of proof of salvation. Therefore, this situation is expected to be valid for Article 29 of the Law on the Collection Procedure of Public Receivables, which is a parallel regulation, but the difference between these two articles still exists. The judgements of the Constitutional Court on this issue protect the right to defence and the right to property of debtors, both for public and private receivables. However, A regulation similar to 279/2 needs to be made also for the art. Article 29 of the Execution and Bankruptcy Law.

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