Title of article :
THE SUGGESTIONS ON THE COLECTION OF SMALL RECEIVABLE DEBTS IN THE LIGHT OF COMPARATIVE LAW REGULATIONS
Author/Authors :
ERCAN, Ibrahim Selçuk Üniversitesi - Hukuk Fakültesi - Medeni Usul ve Icra – Iflâs Hukuku Anabilim Dalı, Turkey
Abstract :
The Law Cases Law opposite to the Law Procedures Hearings Law, while determining the Court in charge about the property cases does not take into account the value or size of the subject property. According to the Law Cases Law as a rule all property cases would be heared by civil court of first instance no matter what is the size and value of the subject property. After this regulation hearing of the cases of law value and high value by the same Court has been rightly criticised. On the other hand, in comparative law, generally for small receivable debts fast, basic and cheap procedures are adopted. Besides, in Europe Union too, to collect such receivable debts Directive on Collection Procedure for Small Demands is accepted. In Turkish Law too strong arguments to accept a separate procedure for small demands are voiced. In this study, it is tried to suggest a new system for collection of small demands by taking into account the comparative law and European Directive on Collection Procedure for Small Demands.
Keywords :
Small Demands , Basic , cheap and fast adjudication , EU Directive on Collection Procedure for Small Demands
Journal title :
Selcuk University, Journal Of The Faculty Of Law
Journal title :
Selcuk University, Journal Of The Faculty Of Law