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- Title
USUL HUKUKU VE TİCARET SİCİLİ AÇISINDAN EK TASFİYEYE İLİŞKİN BAZI SORUNLU NOKTALAR.
- Authors
KAYIŞ, Üyesi Ferhat
- Abstract
Additional liquidation is a very common procedure in company law. Although there was no clear regulation in the old law term, this establishment was implemented for the first time with the Turkish Commercial Code No. 6102. This concept, which has been in our lives for a long time, still has various problems in its practice nowadays. In our study, it has been tried to bring a different perspective to some troubled points experienced in additional liquidation in terms of procedural law and trade registry. In this context, firstly, the legal character of the additional liquidation claim was emphasized. In this sense, it has been clarified whether the claim for additional liquidation should be dealt with as a case, temporary legal protection or an ex parte proceeding. Regarding this, answers to questions such as whether there will be an addressee of this demand and against whom the hostility will be directed were sought in the study. Otherwise, some issues that were ignored by the courts while making the additional liquidation decision were pointed out and it was discussed whether a company that was given an additional liquidation decision would be required to be reliquidated.
- Subjects
LEGAL procedure; CORPORATION law; LONGEVITY; LIQUIDATION; HOSTILITY; COURTS
- Publication
Banking & Commercial Law Journal / Banka ve Ticaret Hukuk Dergisi, 2023, Vol 39, Issue 1, p167
- ISSN
1300-1396
- Publication type
Article