As a rule, it is possible to seize all kinds of property and rights of the debtor. Some goods and rights that are stipulated in the Law cannot be confiscated as exceptions and these are clearly stated. It is possible to seize all assets of the debtor, such as movable and immovable properties and the...
Replevin cases are the lawsuits filed for the continuation of the seizure by proving that the property belongs to the debtor, or for the rescue of the seized property, even though it does not belong to the debtor. It varies according to who filed the lawsuit and for what purpose the property is in the...
Executive proceedings are a coercive legal procedure to ensure that the debtor who has not paid the debt pays it. Suppose the debt is not paid within the period given to the borrower to pay the debt by the payment order and the executive proceedings are finalized. In that case, confiscation is placed on the...
The parties of creditor-debtor relations may change over time for various reasons. It is always possible for the creditor or debtor, of their own free will, to transfer the debt they have or the debt they owe to others. In the legal literature, such transactions are called assignment of claim or assumption of obligations. Our...
A debt note that is a negotiable instrument that depends on certain form conditions and includes a commitment to pay some money is called a bond. There are mandatory and discretionary validity conditions that must be observed when preparing a bond. Mandatory Form Requirements If the conditions of the said mandatory form is not conformed...
The person who is faced with the risk of seizure and sale of her/his goods, although she/he is not in debt, pays the money subject to the executive proceeding in order to eliminate this risk. There are different options for the person who wants to get back the money paid unfairly. In our article named...
Bankaların risklerinden olan “ibraz edilmemiş çek yaprakları ve teminat mektuplarına dayalı haciz alacakları” konusundaki görüş ayrılıkları, Yargıtay Büyük Genel Kurulu’nun çelişen kararlarının birleştirilmesine ilişkin kararlarıyla sonuçlanmaya başladı. Bu karar sadece teminat mektubu ve vadesi gelmemiş risk alacakları olarak ibraz edilmeyen çek yaprakları özelinde incelenmiş olmakla birlikte, bankacılık kanunu kapsamında kredi vadesi kapsamında tanımlanan risk gruplarının...
Actions for annulment of disposition are filed with the request of cancellation of transactions made by the debtor that harm the creditor’s right to claim. Thanks to this lawsuit, the actions of the debtor can be invalidated against the creditor. In the law, the situations in which the action for the annulment of the savings can be...
INTRODUCTION A current account agreement is an agreement that is frequently used in business and commercial life. Using this agreement, the parties have the opportunity to have some kind of exchange, discharging mutual claims and debts to each other separately. In this aspect, the current account agreement is both a means of payment and undertakes...
Banks require collateral for the checks or letters of guarantee they have given to their customers. This collateral can sometimes be real estate and sometimes securities. But what if banks resort to foreclosures to cover their own risks? A jurisprudence has been developed that the provisional attachment is not an enforcement action but a special temporary legal protection...
