Unpaid share capital in joint-stock and limited companies: the payment call, the one-month forfeiture notice, interest, damages, collection and the shareholder’s defenses.
Obligations, Compensation, Consumer and Dispute Resolution
Debt Claims: Articles
Articles published by Güneş & Güneş Law Firm on Debt Claims.
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Articles
Showing articles 21–40 of 47.
Receivables and debts found after liquidation, release, res judicata, the statute of limitations and a paying partner’s right of recourse are examined separately.
How are POS revenues, inventory use and expenses between termination and actual handover separated? A settlement guide for the former and the new business activity.
Company Law
Who Is Liable for the Debts of a Simple Partnership? Creditors’ Lawsuits and Enforcement Proceedings
Joint and several liability for simple partnership debts, the right parties, objection in enforcement and attachment. The position of the creditor and the partners in light of current decisions.
Private International Law, Recognition and Enforcement
How Foreign Court Money Judgments Are Enforced in Türkiye: A Guide to Tenfiz and Collection
How can a foreign court money judgment be collected in Türkiye? Tenfiz conditions, documents, jurisdiction, security, precautionary attachment and the enforcement process.
Company Law
Collecting a Receivable from a Company in Liquidation: Lawsuit, Enforcement and Creditors’ Rights
Collecting from a company in liquidation: notice, bank and notary deposit, lawsuit, enforcement, mediation and precautionary attachment. The meaning of the three-month period and the documents.
Shareholder rights where a limited or joint-stock company does not pay dividends: annulment of a non-distribution resolution, collection of an accrued receivable, mediation, interest and limitation.
Maintenance Cases
Can Overpaid Maintenance Be Recovered? Restitution Action, Refund in the Enforcement File and Time Limits
Recovery of overpaid maintenance is explained through the restitution action, refund in the enforcement file, the one-year period and payments made after majority, in light of court decisions.
Company Law
Return of Capital in a Simple Partnership: How Is Money Paid into the Partnership Recovered?
How can money paid into a simple partnership be recovered? Distinguishing capital, loan and advance; liquidation, proof, litigation route, limitation period and interest conditions.
Company Law
How Is the Liquidation Share in a Simple Partnership Calculated? Capital, Advances, Profit and Loss
Liquidation share in a simple partnership: order of capital, advances, expenses, profit and loss; two verifiable examples, earlier withdrawals, limitation and litigation procedure.
A practical guide distinguishing the statute of limitations, the preclusive period and the procedural time limit. Start, suspension, interruption, mediation and service calculations are explained with tables.
A guide to how WhatsApp, e-mail and other electronic records are assessed in civil actions. It covers lawfulness, attribution, initial evidence and submission to the court.
Enforcement and Bankruptcy Law
Action for Negative Declaratory Judgment and Recovery of Payment: Your Rights Against Enforcement Proceedings
Conditions of the action for negative declaratory judgment and recovery of payment, the one-year period, interim injunction, mediation and compensation, in a comprehensive guide based on official Court of Cassation decisions.
Enforcement and Bankruptcy Law
Action for Annulment of Objection and Removal of Objection: Conditions, Time Limits and Differences
The differences between an action for annulment of an objection and removal of an objection: time limits, evidence, mediation and compensation for denial in enforcement proceedings, with Court of Cassation decisions.
Enforcement and Bankruptcy Law
Interim Injunction and Precautionary Attachment: How to Protect Your Rights Without Waiting for the Outcome of the Case
The difference between protecting a right or property and securing a monetary claim; application, prima facie proof, security, enforcement, objection and liability for unjustified protection.
Enforcement and Bankruptcy Law
Restoration of Enforcement (İcranın İadesi): How Is Money Paid After a Reversed Judgment Recovered?
Finality, the restitution calculation and the start of interest are decisive in recovering money paid in enforcement. A guide explaining Arts. 40 and 361 of the Enforcement and Bankruptcy Law (İİK) and the routes for restitution with Court of Cassation decisions.
Mediation and Alternative Dispute Resolution
Settlement in a Civil Lawsuit: Settle or Continue the Case?
Before accepting a settlement offer, evaluate waiver, release, installment payments, security, mediation and litigation costs in light of Court of Cassation decisions.
How the time limit for appeal is calculated and which decisions may be taken to the higher court. Current monetary thresholds, grounds of the petition, limits on evidence, and the relationship with enforcement and appeal on points of law.
Debt Claims
Witness Evidence in Civil Cases: The Witness List, the Value of Testimony and the Limits of Proof
Relying on witness evidence in civil cases, preparing the witness list, the ban on a second list and its exceptions; hearing, reliability and the limits of proof.
A guide for a defendant who has been served with a lawsuit petition: response deadlines, defense, evidence and counterclaims, with five preparation tables.
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