Can the cancellation of the trending savings and collusion case be opened with Terditli?
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Can an action for annulment of savings and collusion be filed without delay?
In addition, the Court of Cassation states that there is a legal benefit for the creditor to file both an annulment of disposition and collusion, and that these lawsuits are even a single lawsuit. It is accepted that it can also be filed with the petition in an intermittent manner[43].
How to cancel the collusion?
As a result of the illegal registration due to the collusion, the deed must be canceled. Corrupt registration is also canceled when the fraudulent transaction is proven in the title deed cancellation and registration case. In other words, title deed registrations made with a collusive agreement can be canceled with a lawsuit decision.
Where is the lawsuit filed if the state's responsibility is in question in cases arising from the keeping of the trade registry?
ARTICLE 5 - (1) Unless otherwise agreed, the commercial court of first instance is in charge of all commercial cases regardless of the value or amount of the thing being sued. >
Certificate of insolvency is one of the conditions of the case that can be substituted later. The creditor, that is, the plaintiff in the action for the annulment of the disposition, can present the evidence of insolvency to the court at every stage of the case, including the appeal process.
To whom is the lawsuit filed for damages arising from the keeping of the trade registry?
article; “The State is responsible for all damages arising from keeping the land registry. The state recourse to the officials who are at fault in the occurrence of the damage. Cases regarding the responsibility of the state are heard in the court of the place where the land registry is located.
Can the party of the collusion claim collusion?
Parties of the collusion can only prove the collusion with written evidence. (Y. HGK., T. 28.5.2003, M. 2003/1-374, K. 2003/370, “If collusion cases are between the parties to the contract, it is obligatory to prove the claim of collusion with written evidence.”, Kazancı İctihat Bilgi Bankası; Eren, 380 ; Atamulu, 205.)
Does the action for the annulment of the savings break the statute of limitations?
In this context, the lawsuit filed on the basis of the temporary insolvency document embodied in the 105th article of the İİK Since the actions for the annulment of the savings are not among the lawsuits specified in Article 662 of the TCC, it does not cut the statute of limitations.
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