Akademik Veri Yönetim Sistemi
ISTANBUL HUKUK MECMUASI, sa.4, ss.1011-1058, 2024 (ESCI)
The banks have been a focus of interest regarding the misuse of their sources for the sake of personal benefits. The financial markets have been globalised in our era Acrisis at or bya bank has gained the potential of creating comprehensive crisis by affecting the domestic economy and those of countries occurring within the close proximity and having similar economic problems. This circumstance raised the importance of the conception of the bank's loss. Thus, the countries pertaining there to were encouraged to take relevant measures for preventing banking crises. It has been adjudged at the Turkish Law that in case it is determined that the managers and auditors have caused the revocation of the operating permission or transfer of the bank into the Fund through their decisions and procedures contrary to the applicable law as far as the arrangement of Article 110 of the Banking Law, then it may be possible to decide upon their direct personal bankruptcy by the competent court through the decision of the Board of the Fund and upon request of the Fund. It is necessary to determine the scope of this arrangement on a clear and net basis imposing a substantial conclusion such as a personalbankruptcy pertaining to the responsibility arising from the Bank's loss. The subject of this article is the applicability of differantiated responsibilty of succestion in the nature of general provision that is a basic legal problem making this determination diffucult in the regulation of Art 110 of Banking Law.