The Effect of COVID-19 Pandemic on the Termination of Perpetual Debt Obligations within the Scope of the Concordat


Ermenek I., KARTAL B.

ISTANBUL HUKUK MECMUASI, cilt.78, ss.485-516, 2020 (ESCI İndekslerine Giren Dergi) identifier

  • Cilt numarası: 78 Konu: 2
  • Basım Tarihi: 2020
  • Doi Numarası: 10.26650/mecmua.2020.78.2.0009
  • Dergi Adı: ISTANBUL HUKUK MECMUASI
  • Sayfa Sayıları: ss.485-516

Özet

It is likely that the COVID-19 pandemic will directly or indirectly affect the achievement of the aim of ongoing concordat processes, which deeply affects social and economic life. At the end of that period, measures undertaken to stop deadlines to prevent loss of rights in the jurisdiction may result in collective enforcement and bankruptcy proceedings. Hence, in addition to new concordat applications, the possibility of termination of perpetual debt obligations has gained importance in the ongoing concordat processes. The approval of the concordat commissioner and the court is required for the termination. Formal conditions for obtaining the mentioned permission and approval and criteria of proof were also affected by the COVID-19 pandemic. The prohibition of termination by Law No. 7226 regarding workplace lease agreements and the termination of perpetual debt obligations within the context of the purpose of the concordat should be revealed. Additionally, during the COVID-19 pandemic, the areas of application intersect between the adjustment of perpetual debt obligations and the termination in the context of the objective of the concordat. Hence, the borrower may have to choose between adjusting the contract and its termination for the concordat to reach its goal. This study focuses on the effects of the COVID-19 pandemic to the preference of the borrower between the choices we have pointed and termination of perpetual debt obligations in the context of the objective of the concordat..