Izmir Democracy University Social Sciences Journal
Yazarlar: Nuray TÜLEK
Konular:Hukuk
Anahtar Kelimeler:Revocatory Action,Third Party,Collusion,Lien
Özet: The actions for revocatory of possession in case of fraudulent conveyance “actio pauliana”were adapted from Swiss Law in 1929. The provisions of these actions, which have unique characteristics, are different from the other actions regulated for those who try to collect their receivables. It is defined as a personal action of law for performance, in case of the presence of the conditions stated in the Enforcement and Bankruptcy Law article 278-280, in which the claimant with temporary or definitive proof of insolvency obtained from the enforcement proceedings, ensures the annulment of the fraudulent conveyance and legal actions of the debtor in favour of the third party between the parties of the action. However, this revocation only takes place between the parties of the specific lawsuit. As a result, this action is defined as a personal action for performance-actio in personam. However, most of the time, actio pauliana may be mistaken for collusion actions, which have actio in rem characteristics. Article 282 of the Enforcement and Bankruptcy Law defines the defendants who are the subjects of this action: the debtor and the third parties who are involved in legal proceedings with the debtor, and the persons who make payments to these and their inheritors. In addition to these, the action may also be directed against the other third parties with malicious intention. It is emphasized in the law that the rights of the third parties acting in good faith shall be protected. In this study, after a general introduction of the action, the defendants and the concept of the third parties as part of the defendants were explored with focus on identifying these third parties and the nature of their relationship amongst each other as well as legal standing of the owners of the lien rights. Also, contradictory judicial decisions and differences of opinion on the matter were examined.