Yargıtay 17. Hukuk Dairesi 2012/3641 Esas 2013/1019 Karar Sayılı İlamı
Esas No: 2012/3641
Karar No: 2013/1019
Karar Tarihi: a5.2.2013
Yargıtay 17. Hukuk Dairesi 2012/3641 Esas 2013/1019 Karar Sayılı İlamı
Özet:
An aslıye hukuk mahkemesi ruled in favor of the plaintiff in a lawsuit regarding the cancellation of a transaction. The plaintiff claimed that the defendant acted to evade debt by transferring a property to a relative and then to another person. The defendant did not present a defense, and the court found that the transaction was a gift and therefore subject to cancellation under article 278/2 of the Execution and Bankruptcy Law. The court also noted a significant difference between the sale price of the property and its actual value. The defendant appealed the decision, but the appeals court upheld the lower court's ruling.The relevant laws referenced in the decision are article 277 and subsequent articles of the Execution and Bankruptcy Law, which outline procedures for cancelling transactions made to evade debt.
