Enforcement Bankruptcy Act No. 2004 md 82 “the following things cannot be foreclosed: md.82/1-4.bend, “ the indebted farmer is the land and couple of animals that are essential for his and his family’s livelihood.’, md.82/5.bend said, ” if necessary for the administration of the debtor and his family, the debtor would prefer a milk-giving mandate […]
Summary: the claim of falsification of the deed subject to follow-up before or after the finalization of the follow-up is made by HMK 209. it does not result in the cessation of follow-up in accordance with the article. The said provision stipulates that the deed cannot be used as evidence in any other way, nor […]
T.C.SUPREME8. LEGAL DEPARTMENTPRINCIPAL NO: 2016/661DECISION NO: 2016/1136DECISION DATE: 25.1.2016 > COMPANY PROPERTY CANNOT BE FORECLOSED ON DUE TO THE COMPANY PARTNER’S PERSONAL ALIMONY DEBT—CLAIM FOR RATIONS OF THE THIRD PARTY 6102 / m.1332004 / m.96 Summary: the case relates to the ration claim of the third party. The follow-up in the case was initiated due […]
General Assembly of the Supreme Court of law2018/374 E.2018/943 K. Court :Court of First Instance Ankara 6 at the end of the trial due to the “negative determination and moral compensation” case between the parties. 10.09.2013 day and 2011/189 given by the Court of First Instance for the acceptance of the case, 2013/374 K. the […]
T.C.SUPREME3. LEGAL DEPARTMENTPRINCIPAL NO: 2018/1628DECISION NO: 2018/2674DECISION DATE: 19.3.2018 > LEASE RECEIVABLES-NOT TO SPECIFY THE RATE OF INCREASE IN RENT IN THE LEASE AGREEMENT–TO FOLLOW UP THE EXECUTION WITH THE INCREASE OF THE RENT 6098 / m.346 Summary: when the lease agreement between the parties is examined, the contract 6. in the article ”at the […]
Another issue of execution crimes is the crime of diminishing the existence of the creditor with the intention of putting him in harm’s way. Those who have the authority to manage trading companies are formed when they damage creditors by not paying their debts with the intention of inflicting losses on creditors. However, if this […]
Crime Of Execution And Bankruptcy-Breach Of Commitment In order to punish the debtor for the offense of breach of commitment, it is necessary to have an enforcement proceedings initiated and a debt payment agreement has been made between the debtor and the creditor before the enforcement office and the borrower has not fulfilled its commitment […]
Crime Of Execution And Bankruptcy- Not Wanting The Bankruptcy Of The Capital Company Persons or liquidators authorized to administer and represent the Company shall be entitled to the İİK Art. 179, they are punished for the crime of not wanting the bankruptcy of the capital company by stating why the company’s assets are not sufficient […]
Crime Of Execution And Bankruptcy- Not Pay The Child Support Debt In order for the crime of non-payment of alimony debt to occur; there must be a finalized court ruling on child support. The person who has been decided in favor of this decision should request the execution of this decision from the Executive Directorate […]
Crime Of Execution And Bankruptcy-Failure To Give Bankruptcy Property To The Bankruptcy Administration And Not To Declare Bankruptcy Receivables The offense of not giving the bankruptcy property to the bankruptcy administration and not declaring the bankruptcy creditors may be committed by third parties that own or hold the bankruptcy property. If these persons do not […]
Crime Of Execution And Bankruptcy- Not To Notification Of The Increase In Goods And Earnings After The Declaration Of Goods In case the debtor who is obliged to declare the goods he / she gains or the increase in his / her earnings according to the provisions of the law, that is, the debtor who […]
Execution and Bankruptcy Crime-Borrower Who Does Not Comply With Reconciliation Restructuring Conditions With the amendment made to the Law on Law No. 5092 of 2004 on the subject of this enforcement offense, the approval of the project of reconciliation of capital companies and cooperatives through reconciliation was added to the material elements of the crime. […]
Not To Deliver The Desired Goods, Not To Obey The Orders Of The Bankruptcy Department Article 337/2 The same penalty shall be imposed on the warrant to be issued by the bankruptcy administration against those who contradict the provisions of Articles 162, 209 and 216. In the event of the fulfillment of the obligations stated […]
Resistance To The Implementation Of The Provisions Of Decision In order for an offense to be imposed against the execution of the provincial provisions, there must be a final court decision and this should include the conditions specified in the text of the law. It is stated in the text of the law as to […]
Enter The Immovable And Ship That Have Been Delivered In the case of the re-entry of the immovable and the re-entry of the ship, the penalty of the debtor who re-enters the immovable or ship without a justifiable reason is determined by referring to the Turkish Penal Code. Accordingly, the debtor who commits this crime […]
Execution and Bankruptcy Crime – Making a Misrepresentation In order for the debtor to be penalized for misrepresentation, he must have unlawfully completed the statement requested from him and this statement must be made by the debtor himself. In order for the borrower to be penalized under the provisions of the ICC Article 3338, the […]
