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Adî Konkordatoda Rehi̇nli̇ Malin Satiş Yasaği Ve İsti̇snalari

2021, Ulusal hakemli uyuşmazlık mahkemesi dergisi

Abstract

One of the amendments is to regulate the prohibition of sale by auction of pledges within the concordat period under the first paragraph of article 295 of CEB. According to the relevant regulation, pledgees may initiate proceedings against the debtor by converting the pledge into money within the concordat period but no protection measures can be taken and the sale by auction of the pledged property cannot be realized. With the Law No 7327 some exceptions have been accepted to the prohibition of the sale by auction of pledged goods by adding a second paragraph to article 295 of CEB. This study will, firstly, emphasize on the prohibition of sale by auction of the pledged goods within the concordat period, and the time period in which the said prohibition will be valid. It will then consider what should be understood from the pledge creditors within the scope of the prohibition. Finally, the exceptions to the prohibition of sale by auction of the pledged goods within the concordat period, and how the sale process will be fulfilled and the distribution of the income will be discussed.