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- Title
Rehinli İşlemlerde Lex Commissoria Yasağının Türk ve Rus İlgili Mevzuat Hükümleri Açısından Değerlendirilmesi.
- Authors
AKSOY, Nazım
- Abstract
The merchant does not always use its own resources and uses credit while performing its activities. Because, without transferring the possession of the assets, it can only take credit by establishing the right of pledge with the registration of the pledge agreement. In such pledges, a pledge agreement can be made between credit institutions and merchants, tradesmen, farmers, producers' organizations, self-employed real and legal persons or between merchants and / or tradesmen. In Turkish law, the creditor has been given the right to claim the ownership of the pledge subject in case the debt is not paid. This situation has caused controversy due to the violation of the principles of pledge law prohibition of lex commissaria. A similar legal arrangement can be seen in Russian law. In this study, by referring to the basis of this prohibition, the accuracy of the said regulation is evaluated in terms of Turkish and Russian relevant legislation provisions.
- Subjects
PLEDGES (Law); PROHIBITION of alcohol; BANKING industry; FREELANCERS; MERCHANTS
- Publication
Ankara Barosu Dergileri, 2022, Vol 80, Issue 2, p1
- ISSN
1300-9885
- Publication type
Article
- DOI
10.30915/abd.1141904