Author/Authors :
YILDIRIM, M. Kamil Marmara Üniversitesi - Hukuk Fakültesi - Medeni Usul ve İcra-İflas Hukuku Anayasa Hukuku Anabilim Dalı, Turkey
Title Of Article :
The presumption for the transaction of companies in actio pauliana
Abstract :
Action for rescission of disposition is for creditors’ interest. According to enforcement law the action for rescission owing to the intention to damage is a general rule. In this area, two more specific rules are present. Among these three rules the general one has more strict requirements and practicing it is the hardest. In Swiss law which is the origin of Turkish law, the rule maker created some presumptions to facilitate the evidence. However, in Turkish law the rule maker created another presumption for the transaction of companies. This presumption endangers the reliability of the operation in the market.
NaturalLanguageKeyword :
Enforcement of a judgement or order , action for rescission of disposition (actio pauliana) , action for rescission owing to the intention to damage , Evidence , free consideration of proof (Free Evaluation of Evidence) , Presumptions , presumption for the transaction of companies , burden of proof.
JournalTitle :
Hukuk Araştırmaları Dergisi
