4- Concordatum: Termination, Unresulted Execution Proceedings and Promises – 1

Concordatum: Termination, Unresulted Execution Proceedings and Promises 
(PART 1)

Partially Termination

(308 / e): 1) Termination: Each creditor who has not been executed pursuant to the concordat project against himself shall retain his / her new rights under the concordathe may terminate concordat about him by applying to the court to certify the concordat.

2) On the request of Termination request can be applied within ten days from the notification of the provision.3) Appeal may be appealed against the decision of the regional court of appeal within ten days after the date of notification.

Comment

Creditors who are not paid for the payments specified in the project may apply to the court and they can cash the stop decision on all their receivables of the concordon. The way of appeal and appeal for the given provision is also open.

Fully : ( 308 / f):

1) Every creditor has made the verdict of the annulment of the disabled concordat with bad intentions may ask from the court.
2) When the decision of termination of the concordat is finalized. The situation shall be declared in accordance with Article 288 and shall be notified to the relevant places.

Comment

If the borrower goes outside the powers granted to the court and the law by the court and the creditor carries this to the court or the commissioner in his report. The concordat can be terminated. (For example: purchase, sale, contract, contract termination without the approval of the commissioner)But; The termination of the contract without the approval of the commissioner or the trade realized without the exchange of goods or money shall be deemed null and void by the court as there is no commissioner’s approval. The interpretation of the court is important in this regard. In the report written by the Commissioner in this way. If the abuse is mentioned, the court’s decision may be in the form of dissociation of concordat. In short, the concordant termination of the court is open to interpretation.In Chapter 2, you can find the Conclusions that have not been concluded in Concordat.

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