15 Jun Crime Of Abandoning Trade
“the person who runs a business without permission or approval, despite the need for the permission of another person or an official authority, is also considered a merchant because of his personal situation or the nature of his work, or because of his profession or duties, contrary to a law or a prohibition arising from a judicial decision, or because of the”
A person who acts as a partner on behalf of a commercial enterprise, or on behalf of an ordinary company or any other company that is not legally considered to exist in any way, shall be liable to a third party with good intentions, such as a merchant.
As stipulated in Article 44 of the executive bankruptcy law; ‘a trader who leaves the trade is obliged to report the situation to the trade registry within 15 days and to make a declaration of goods showing all assets and liabilities and the names and addresses of his creditors’. This situation is declared by the trade registry office in the newspaper where the trade registry advertisements are published and in the place where the creditors are located by means of established and appropriate means. The merchant who does not pay the costs of the advertisement is deemed not to have made a statement. Within one year from this date, the merchant who leaves the trade can be followed by bankruptcy.
The authority receiving the declaration of goods shall notify the land registry or ship registry offices and the Turkish Patent and Trademark authority. Upon this declaration, the Registry shall be informed that the right of assignment has been restricted for a period of two months.
At this stage, “for goods subject to deterioration or which are burdensome to maintain or whose value is likely to fall within the appointed legal period, it is decided by the court at the request of the merchant by the bailiff and within the framework of the provisions of this law to sell these goods and to store their price in one of the banks “
The debtor, who does not make a declaration of property under the provisions of Article 44 of the execution-bankruptcy law, or who does not show his assets or the value of his assets during foreclosure or bankruptcy, or who saves these goods after his declaration, shall be punished with a prison sentence of three months to one year upon the complaint of the creditor
In accordance with the provisions of the Turkish commercial code, the criminal practice of abandoning trade against the members of the governing body of these companies and their legal representatives has been eliminated.
In practice,” trade abandonment crime “is defined as the events related to the complaint” petition or oral declaration is made. The examination authority, which receives the petition and declaration on the matter, immediately assigns a day for the hearing and receives the signature of the complainant and a “subpoena” is sent to the person about whom the complaint is made.
In practice, complaints can be made either in person or by proxy. In this context, the two parties are obliged to come before the execution Court on the appointed day and time or to send a proxy. If necessary, the authority may order the parties to be present in person. If the complainant does not show up at the specified time and does not send a proxy, the right to complain is dropped.
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