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This article examines – in light of the pertinent jurisprudence of the Court of Cassation and the academic literature- the problem stemming from rejection of recording public receivables by the bankruptcy administration. The legal basis for public receivables is an administrative act. Therefore, due to the presumption of lawfulness, a public receivable based on an administrative act cannot be rejected by the bankruptcy administration. As the bankruptcy administration does not have public authority, it cannot reject a public receivable. Rather, It has the power to file a claim for annulment of the administrative act forming the legal basis for the public receivable. Furthermore, several other reasons, such like duplication, offset, payment and incorrect interest calculation, cannot offer a justification for rejection of the public receivable by a bankruptcy administration. Commercial courts tasked with hearing the lawsuits pertaining to acceptance of records does not have the power to appraise –at any circumstances- the presence or the amount of a public receivable emanating from an administrative act
this article examines – in light of the pertinent jurisprudence of the court of cassation and the academic force of the problem stemming from the recording public receivables by the bankruptcy administration of the legal basis for public receivables is an argument due to the presumption of positiveness a public receivable based on an amendment cannot be refused by the bankruptcy administration as the bankruptcy administration does notification public authority refused public reivables to illegal administration of the legal obligation to obtainable to obtainable to obtainable from the legal obligation to obtainable to obtaining a taxation of the potential for the potential of the potential of the potential for damages to obtainable to obtainable to obtainable to obtainable to obtainable to obtainable duetification of the potential for a taxation of the legal obligation to obtainable to obtainable access to obtainable to obtainable to obtainable to obtainable to obtainable to obtainable from the potential for damages of legal obligation to obtainable to obtainable to obtainable to obtainable to obtainable to obtainable to obtainable to obtainable to obtainable obtainable to obtainable duetification of legal obligation to obtain
Field : Hukuk
Journal Type : Ulusal
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