Sorumluluk Hukuku Seminerler Makaleler 2017

The brittle structure of the Turkish economy, the economic depressions that it was experienced with inflationary environment existing in our country has been increased the banks which were bankrupted by their directors; as a result of it, it has caused several developments in the banking field. With regard to the banks which take place in the important actors of the money market, the legislator who took into consideration the needs of new amendments, has made some special arrangements in the Banking Law No. 5411 for the purpose of carrying out a more effective inspection in this field. In this direction, it can be resorted to the personal responsibilities as “confining to injury to the bank” on the bank directors who has procured to been removed the official authorization of the bank or carried over bank to Saving Deposit Insurance Fund (clause 71 of the Banking Law) with their verdict and procedures contracry to law under the title line of “personal responsibility” being allowed for a special arrangement in the clause 110 of the Banking Law No. 5411 in terms of legal liabilities of the executive board members of the banks which must be established as joint stock company according to the Turkish Law (clause 7/I, a of the Banking Law), thus it is foreseen that it can be petitioned in bankruptcy on their rights based upon the decision of Fund Board and the demand of Fund. Thereby being foreseen that the bankruptcy sanction which have grave and irrevocable results in the clause 110 of the Banking Law No. 5411 shall be in question for resolving bank injury dependent on the bank directors, an exceptional verdict is made decision with respect to the bankruptcy liquidation way which is arranged as a pursuance method peculiar to only traffickers in terms of Turkish Law and Swiss Law (clause 43 of İİK; SchKG Art. 39/Abs. I). In that case it is had importance to be explained that what it is implied with liability principle bounded by the bank injury, by being taken into consideration that more than one bank directors, each of them, who brought to be implemented the clause 71 of the Banking Law with verdict and procedure contracry to law shall be faced with the bankruptcy sanction which is a method of liquidation. In our study, by discussing what the implied is with the “liabilities bounded by the bank injury” of the more than one bank directors in the legal act of “personal bankruptcy” taken place under the heel of clause 110 of the Banking Law No. 5411, it is requested that…