Author/Authors :
TOPUZ, Murat Marmara Üniversitesi - Hukuk Fakültesi - Medeni Hukuk Anabilim Dalı, Turkey
Title Of Article :
TİCARİ İŞLETMENİN DEVRİNDE TASARRUF İŞLEMLERİNE İLİŞKİN ŞEKİL SORUNU (İsviçre Birleşme Kanunu (Fusionsgesetz: FusG) ve Alman Hukuku Perspektifinde)
Abstract :
There was not an arrangement regarding the transfer of commercial enterprises in the former Turkish Commercial Code. The transfer of commercial enterprises was done according to the former Turkish Code of Obligation. A transfer contract for the transfer of enterprise was not subject to any form. However, the individual elements of the business assets of the entity had to be transferred in a certain form one by one. The new Turkish Code of Obligation accepts the same system. However, Article 11 of the new Turkish Commercial Code brought to a new arrangement. Accordingly, a commercial enterprise shall be transferred as a whole by a written contract. The provisions of this agreement shall have effect and bear consequence when registered to the trade register. The values of asset of commercial enterprises shall not be transferred one by one.
NaturalLanguageKeyword :
Commercial Enterprise , Transfer of Commercial Enterprise , Nonregistered Acquisition , Dispositive Transactions
JournalTitle :
Hukuk Araştırmaları Dergisi
