Case Conditions:<\/p>\n
In order to file a lawsuit for cancellation of savings, the following conditions must be met cumulatively:<\/p>\n
The plaintiff must have a bona fide claim against the defendant debtor:\u00a0The suing creditor must have a valid and enforceable claim against the debtor. This receivable can be a commercial receivable, rental fee, compensation receivable or any other type of debt.
\nThere must be a valid enforcement proceeding: The creditor must have initiated enforcement proceedings against the debtor and have not received any results from this pursuit. The enforcement proceeding must be finalized and it must be confirmed that the debtor has not paid his debt.
\nThe disposition subject to cancellation must have been made after the debt was born: The debtor’s savings for the purpose of smuggling goods must have been made after the debt was born. The date of birth of the debt varies depending on the source of the receivable. For example, for a trade receivable, the payable birth date is the invoice date.
\nSavings reduce assets: The savings made by the debtor must significantly reduce the ability of creditors to collect their receivables. This situation is evaluated according to the scope of the savings and the amount of the receivable.
\nFraudulent disposition: The savings made by the debtor must have been made fraudulently in order to evade assets from his creditors. Fraud means that the debtor does not actually make the savings or that the savings are understated.","protected":false},"excerpt":{"rendered":"
The type of lawsuit filed to cancel the savings made by the debtor in order to evade property from his creditors is called the action for cancellation of savings. This case, regulated under Articles 277 to 284 of the Execution and Bankruptcy Law, is an important tool to protect the rights of creditors and to […]<\/p>\n","protected":false},"author":12,"featured_media":5551,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-5550","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/5550","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=5550"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/5550\/revisions"}],"predecessor-version":[{"id":5552,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/5550\/revisions\/5552"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/5551"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=5550"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=5550"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=5550"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}