JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI, vol.74, pp.1291-1346, 2016 (ESCI)
Postponement of bankruptcy is an instrument, barring a claim of which allows to delay the bankruptcy of share capital and cooperative companies on a bankruptcy decision of a commercial court. The aim of the law-maker in bringing such an instrument is the idea of the postponement of the bankruptcy of a company might have remarkable adventages rather than its bankruptcy. Through this instrument; the financially embarrassed share capital companies and cooperative companies which compulsorily going to bankruptcy will have a certain time to their activities. Therefore; supplying the conditions of the postponement of bunkruptcy is vital for companies which are on the verge of bankruptcy. From that perspective it is important to clearly present the conditions of the postponement of bunkruptcy and enlighten the controverial points. We are aiming to state on what are the conditions of the postponement of bankruptcy comprehensively. In that regard, we will consider the amendments on the legal basis of the legislation; basically on the Turkish Bunkruptcy and Enforcement Law Art. 1 79 (ff.), Law of Cooperative Companies Art. 63 (ff) and Turkish Commercial Law Art. 376 (ff). Moreover, we will widely mention the decisions of the Supreme Court and the doctrine.