Atıf Sayısı
13
Görüntüleme
104
İndirme
33
Debtors who think that their property is to be attached or their banktruptcy is to be announced may take various dispositons to hide property form the plaintiff. For this reason, it is prevalent that debtors, who totter on the verge of bankruptcy or face the danger of attachment, make some doubtful dispositions. To avoid these doubtful dispositions of the debtor, there is a right of action for the creditors, called an “action for rescission” . To be accepted action for rescission by the courts, some has specific circumstances (specific terms, prejudicial issue, cause of action) been recognized by the Türkish Supreeme Court. These terms (cause of action, prejudicial issue) are; “The right to request the substantial credits”, “finalization of enforcement proceedings”, “The right to request the credit will be born before the doubtful dispositions”. Without these conditions (cause of action) exist, the Supreme Court ruled that the case should be dismissed because of procedural deficiencies. In this study, we try to examine the specific terms of the case brought by the Supreme Court
debtors who think that their property is to eat or their benchtruptcy is to be anunced may take varius dyspositons to hide property form the plaintiff for this reason is obvious that debtors who totter on the verge of bankruptcy or face the danger of the striker make some dubtful dispositions to avoid these dubtful dispositions of the debtor specific there is a prior to action for the creditors called an “action for rescision” to legal proceedings in the case of refussion of the claims of the reinance of the reinance of these cases of the claims of the reinance of the reinance of the alleged action of the case of the claims of the reinance of the reinance of the reinance of the reinance of the case of the claimings of the reinance of the reinance of the case of the case of the change of the change of the violations of violations of the case of the change of the change of the violations of the violations of the change of the violations of the change of the change of the change of the violations of the re
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Dergi Türü : Ulusal
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