TÜRK HUKUK SİSTEMİNDE KONKORDATO UYGULAMASININ İSLAM HUKUKU VE EKONOMİSİ AÇISINDAN DEĞERLENDİRİLMESİ
EVALUATION OF CONCORDAT PRACTICE IN TURKISH LEGAL SYSTEM IN TERMS OF ISLAMIC LAW AND ECONOMY

Summary/Abstract: The economic downturn, as well as political and social problems, negatively affects the lives of trade. Due to the negativities experienced, businesses that fail to meet their sales targets may become unable to meet their costs and debts, and this situation can lead to closure-bankruptcy situations. Some legal incentives and implementations aim businesses with deteriorated financial structure to survive this negative situation, continue their activities, and stay in the economy. The concordat application, which became operational again in 2018, offers opportunities such as correcting the enterprises' financial situation, paying their debts by agreeing with their creditors, deducting their debts, discounting and postponing them under the supervision and control of the judicial bodies. In this study, the practice of concordat in the Turkish Legal system, which has been changed or removed by some laws over the years, is evaluated in the context of the Islamic Legal system. In terms of the results expected from the application, it has been concluded that it is a functional application to overcome the financial bottleneck and sustain the productive position in the economy.

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