İcra ve iflâs dairesi görevlilerinin hukuki sorumluluğu
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Date
2008
Authors
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Journal ISSN
Volume Title
Publisher
Sosyal Bilimler Enstitüsü
Abstract
The subject of our dissertation is the legal responsibility of the officials of enforcement and bankruptcy office. The officials are; enforcement manager, enforcement helping manager, enforcement clerk, bankruptcy manager, bankruptcy helping manager, bankruptcy clerk, the bailiff and other workers. This duty should fulfill completely in impartiality and in accordance with the rules laid down in Enforcement and Bankruptcy Law.If the officials of enforcement and bankruptcy office make harm with their negligence to the parties of the prosecution of the enforcement or to the third parties while enforcing their duties, then an action for damages will be sued against the government(Ministry of Justice). The cases are out of subject emerging from the personal negligence of these officials. If the case sued for the action for damages is accepted, then the government uses the right of recourse against the official in the ratio of his negligence because of the payment done by it. If this negligence can not be loaded completely to the official (negligence of service), there can not be an action of recourse against the official. If the action for damages is sued before using the right of complaint, either the action for damages is refused or the quantity of recompense is decided as there is negligence of togetherness.Moreover the money embezzled by the enforcement and bankruptcy official is immediately paid by the government without waiting the criminal process result against the official if the money given to the execution chamber is defalcated. Of course the right of recourse will be used against the official who has embezzled because of the paid money by the government. It?s neither an obstacle to take his criminal and disciplinal responsibility nor to annihilate these responsibilities, if it is taken the legal responsibility of the official.
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Keywords
İcra, İflas