T.C. CONSTITUTION 2nd ed.Section Basis: 2015/13950 Verdict: 2018/ Decision Date: 24.05.2018 DECISION OF THE CONSTITUTIONAL COURT DATED 24/5/2018 AND NUMBERED 2015/13950 (INDIVIDUAL APPLICATION) (ECHR m. 6) (2709 P. K. m. 2, 13, 36) (6100 P. K. m. 27, 61, 63, 66, 68) (2577 S. K. m. 31) (6216 P. K. m. 50) (GOLDER V. UNITED […]
T.C. SUPREME COURT 12.Legal Department Basis: 2018/371 Verdict: 2018/1405 Decision Date: 15.02.2018 Summary: there is an execution follow-up and check relationship between the parties based on more than one check, and it is not possible to determine whether the statement of the creditor’s attorney is related to the checks subject to follow-up from the response […]
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. […]
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 […]
