Özet:

Creditor can get his credit from owing’s assets by appealing to compulsory execution . In other words, in terms of executive law if creditor demands, owing’s transferable and economic assets legally can seize and sold. In that respect incorporated company share which is not tied-up to a bill take place of owing’s transferable and economic assets. Therefore, creditor can distrain owing’s incorporated company share which is not tied-up to a bill. Because it is clearly expressed that incorporated company share which is not tied-up to a bills subject of the Turkish Code of Bankruptcy article 94 and Turkish Commercial Code article 133. Incorporated company share which is not tied-up to a bill is legally separated as basic share and registered share. Both concepts include same and different meaning. Therefore some provision which is executed to distraint of basic share, according to nature, are applied to registered share, too. In this article, distraint of basic share and registered share are placed separately. In this context, we did a research on the fact that the method of implementation of distraint and protective measures gave place in the light of Supreme Court decisions and debates on doctrine

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