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"TİCARİ İŞLEMLERDE TAŞINIR REHNİ KANUNU"NUN TİCARET HUKUKU AÇISINDAN DEĞERLENDİRİLMESİ.

Authors :
GÖLE, Celal
AYDOĞAN, Gökhan
Source :
Banking & Commercial Law Journal / Banka ve Ticaret Hukuk Dergisi. mar2017, Vol. 33 Issue 1, p5-51. 47p.
Publication Year :
2017

Abstract

The pre-condition of creating fund from money markets by credit instruments is to provide confidence for payment of the debt to the creditor. The main legal instruments that provide the need of confidence are real and personal securities. The pledge which is a type of real security is enacted in "Property Law" Book of Turkish Civil Code. In addition to that, the special provisions for the need of simplicity, rapidity, confidence that make Commercial Law occur as a seperate discipline create the need to handle also this subject differently. In this scope, initially, special provisions are foreseen with the Commercial Enterprise Pledge Code (Nr. 1447) dated 1971. However, this Code is abolished in January 01, 2017 on ground that it can not answer the needs of practice effectively. Instead of this Code, Movable Pledge in Commercial Actions Code (Nr. 6750) came into force in January 01, 2017. Movable Pledge in Commercial Actions Code takes place in the junction of Commercial Law as the subject and parties of pledge, Civil Law as the essence of the right of pledge, Debt Enforcement and Bankruptcy Law as the process of nonpayment of the debt by the debtor and Criminal Law and Criminal Procedure Law as the criminal sanctions. In this study, the parties, form, content, subject of the pledge agreements which will be drawed up in scope of Movable Pledge in Commercial Actions Code and other related new provisions will be examined in terms of Commercial Law. [ABSTRACT FROM AUTHOR]

Details

Language :
Turkish
ISSN :
13001396
Volume :
33
Issue :
1
Database :
Academic Search Index
Journal :
Banking & Commercial Law Journal / Banka ve Ticaret Hukuk Dergisi
Publication Type :
Academic Journal
Accession number :
124672218