İcra ve İflas Kanunu'nun tarihsel gelişimi
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Date
2001
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Sosyal Bilimler Enstitüsü
Abstract
My intention in the study was to demonstrate the stages the Turkish Debt Enforcement and Bankruptcy Law in a chronological order and whether such development fulfilled its purpose or whether it exhibited a modern progress. The study is composed of two sections. In the first section the progress of debt enforcement and bankruptcy law practices in the Roman Law, which is the starting point of the said practices. The same chapter also comprises the development of debt enforcement and bankruptcy law practice in Turkey in the pre-Republican era. The second section discusses the chronological analysis of the first text dated 1929 and the amendments thereupon. I have evaluated the origin of the Debt Enforcement and Bankruptcy Law and the Debt Enforcement and Bankruptcy Law No. 1424 dated 1929, which is an integral part of the law reform, and its significance and characteristics thereof. The following paragraph analyses Law dated 1932, which annulled the said Law dated 1929, the preparatory studies and the amendments put forth, taking into account the opinions in the doctrine concerning the said amendments. Twelve amendments were made on the Debt Enforcement and Bankruptcy Law dated 1 932, four of which were on a wide scale, the rest being on a narrower scale. Such 4 comprehensive amendments were made in 1940, 1965, 1985 and 1988 respectively. Before the implementation of Law dated 1940 the Ministry of Justice asked for assistance from an expert in Switzerland concerning the potential amendments. The draft amendment was prepared in line with the report submitted by the expert, and was done on 73 articles of the said Law. The 1965 amendment was on Article 126 of the Law including 30 reiterated articles. Most of the amendments were towards the elimination of fraudulent acts, and accelerating the enforcement process. Before the Law dated 1985, some entities and institutions prepared drafts focused on the maintenance of the credit, in other words the collection of the credits by creditor. The amendments put forth by the Law were mainly in this respect. Moreover, three articles in the Banking Law were annulled; two of which were then enclosed in the Debt Enforcement and Bankruptcy Law. With the Law dated 1988 three years after such amendment, 56 articles were subject to amendment again concerning the maintenance of the credits. 149
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Hukuk