Akademik Veri Yönetim Sistemi
ISTANBUL HUKUK MECMUASI, sa.4, ss.1169-1229, 2021 (ESCI)
Regarding a situation where officers of the enforcement and bankruptcy department have legal responsibility as per Article 5 of the Enforcement and Bankruptcy Law, a particular point that is debatable in the doctrine is related to the issue of whether third parties incurring losses due to faulty acts of enforcement and bankruptcy department officers shall not apply to cancel the faulty transaction causing them to incur damages but shall have the opportunity to claim recovery of damages as per the rules related to legal liability regulated by Article 5 of the Enforcement and Bankruptcy Law. In our study, general explanations are first made about the legal responsibility of enforcement and bankruptcy department officers, and the features, terms, and legal quality of the legal responsibility foreseen in Article 5 of the Enforcement and Bankruptcy Law are revealed. Afterwards, if liabilities of enforcement and bankruptcy department officers arise due to their faulty acts as per Article 5 of the Enforcement and Bankruptcy Law, when there is opportunity for the party incurring damages to avoid occurrence of losses, to avoid damages, or to mitigate the amount of losses, situations where they do not use the opportunities they have or make the necessary applications will be evaluated. In other words, the impact of the fault of the party incurring losses will be considered.