İflasın Ertelenmesi Sürecinde Pay Bedelini İfada Temerrüde Düşen Pay Sahibinin Iskatı Mahkemece Önlenebilir mi?

Authors : Salih Önder YEŞİLTEPE

Pages : 85-98

View : 34 | Download : 6

Publication Date : 2016-04-01

Article Type : Research Paper

Abstract :The decision of adjournment of adjudication of bankruptcy aims to stop the pending proceedings and the court should takes all kinds of measures according to executive proceeding. For the appeals and exceptions arise form substantive law and rights of the third parties, court should not able to deliver a decision to disrupt or infringing upon essence of those rights. As a right that proceeds from substantive law, the dismissal of the partner which has defaulted in payment of prices of the shares cannot be utilized under executive proceeding. Therefore, court should not rule to stop the dismissal process as a measure of adjournment, subject to shareholders demand for adjournment of adjudication of bankruptcy
Keywords : Adjournment of Adjudication of Bankruptcy, Dismissal of Shareholder

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