{"id":6011,"date":"2024-07-17T18:00:55","date_gmt":"2024-07-17T15:00:55","guid":{"rendered":"https:\/\/www.ozkokhukuk.com\/?p=6011"},"modified":"2024-10-31T13:36:31","modified_gmt":"2024-10-31T10:36:31","slug":"icra-ve-iflas-hukukunda-teminat-ve-rehin-hakki","status":"publish","type":"post","link":"https:\/\/www.ozkokhukuk.com\/en\/icra-ve-iflas-hukukunda-teminat-ve-rehin-hakki\/","title":{"rendered":"Security and Lien Rights in Execution and Bankruptcy Law"},"content":{"rendered":"The right of security and lien, which have an important place in creditor and debtor relations, also play a major role in Enforcement and Bankruptcy Law. In this article, we will examine the concepts of security and lien, the regulations regarding these rights, and their importance in enforcement proceedings.<\/p>\n

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What is Collateral?<\/p>\n

Collateral is the security provided to the creditor for the fulfillment of a debt. If the debtor cannot pay his debt on time, the creditor can collect his receivable from the property or right subject to the security. Collateral acts as a kind of security for the creditor, reducing the risk of non-payment of his receivable.<\/p>\n

What is the Right of Pledge?<\/p>\n

A right of pledge is the creditor’s right of ownership in rem over a certain property or right for the fulfillment of his debt. Although the debtor holds the ownership of the property or right subject to the pledge, the creditor has the authority to dispose of this property or right. If the debtor does not pay his debt on time, the creditor may request that the pledged property or right be converted into money and his receivable be collected from this money.<\/p>\n

Security and Pledge Rights in Enforcement and Bankruptcy Law<\/p>\n

In Enforcement and Bankruptcy Law, security and pledge rights are used as an important tool to facilitate creditors’ collection of their receivables. If the debtor does not pay his debt on time, the creditor can initiate enforcement proceedings based on the pledge right. As a result of this pursuit, the pledged property or right is converted into money and paid to the creditor.<\/p>\n

Types of Pledge Rights<\/p>\n

A pledge right is divided into two according to the property or rights subject to the pledge:<\/p>\n

Movable Pledge: It is a pledge right established on movable properties.
\nImmovable Pledge: It is a pledge right established on immovable properties.<\/p>\n

Establishment of Pledge Right<\/p>\n

A pledge right is established with a pledge agreement. This agreement can be written or verbal. However, a written agreement is required for the establishment of a pledge right on immovable properties.<\/p>\n

Consequences of Pledge Rights<\/p>\n

With the establishment of a pledge right, some rights are assigned to the creditor and some obligations are assigned to the debtors. The creditor is given the right to demand that the pledged property or right be converted into cash and that his receivables be collected from this money. The debtor, on the other hand, is under the obligation to carefully protect the pledged property or right and not to damage it.","protected":false},"excerpt":{"rendered":"

The right of security and lien, which have an important place in creditor and debtor relations, also play a major role in Enforcement and Bankruptcy Law. In this article, we will examine the concepts of security and lien, the regulations regarding these rights, and their importance in enforcement proceedings. What is Collateral? Collateral is the […]<\/p>\n","protected":false},"author":12,"featured_media":6014,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-6011","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\/6011","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=6011"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/6011\/revisions"}],"predecessor-version":[{"id":10189,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/6011\/revisions\/10189"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/6014"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=6011"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=6011"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=6011"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}