Cause of The Debt in The Debt Collection by Seizure of Assets
Küçük Resim Yok
Tarih
2025
Yazarlar
Dergi Başlığı
Dergi ISSN
Cilt Başlığı
Yayıncı
Istanbul Univ, Fac Law
Erişim Hakkı
info:eu-repo/semantics/openAccess
Özet
Pursuant to Article 58, paragraph 2, subparagraph 4 of the Debt Enforcement and Bankruptcy Code, the creditor must submit the debt certificate or, if there is no debt certificate, the cause of the debt. By fulfilling the obligation under Article 58, paragraph 2, subparagraph 4 of the Debt Enforcement and Bankruptcy Act to submit the debt certificate and the cause of the debt, the creditor makes it clear to the debtor that debt is the matter of the proceedings. By fulfilling this obligation, the creditor determines the object of the enforcement proceedings. The determination of the object of the enforcement proceedings is important for the subsequent proceedings. Foreclosure and sale procedures may be carried out for the receivable subject to the proceeding. In connection with the subject of the enforcement, it is possible to file an action for cancellation of the objection, a negative declaratory action, an action for recovery and request for removal of the objection (in the inforcement court). Here, too, the consequences initiating proceedings depend on the subject-matter of the proceedings. This research has attempted to analyse the concepts of the cause of the debt, that is an important element of the subject matter of the enforcement procedure, and of the debt certificate in relation to the enforcement procedure, taking into account the characteristics of the application for enforcement. In addition, the significance of the obligation to state the cause of the for the debt and the obligation to submit a debt certificate in the request for removal of the objection, the action for cancellation the objection and the negative declaratory action is examined.
Açıklama
Anahtar Kelimeler
Cause of the debt, Debt collection by seizure of assets, Binding nature of the cause of the debt, Cause of the receivable, Bill
Kaynak
Istanbul Hukuk Mecmuasi
WoS Q Değeri
Q4
Scopus Q Değeri
Cilt
83
Sayı
4
