Volume 3 Issue 2 | October 2023

CONSEQUENCES OF NON-COMPLIANCE WITH THE PEREMPTORY TERMS FORESEEN FOR DELIVERY OF THE REASONED REPORT AND MAKING A DECISION IN THE APPROVAL PROCESS OF THE CONCORDAT

In this study, the consequences of not complying with the peremptory terms foreseen for depositing the file and reasoned report and making a decision on the request for confirmation during the approval process of the concordat will be examined. In this context, the article is divided into two parts. The subject of the first part is the result of not complying with a term stipulated for the commissioner in the EBL. In this part, the composition with creditors file and the reasoned report will be examined in the light of the opinions suggested in doctrine and the decisions of the Court of Cassation. Then, an analysis will be reached in the context of various possibilities. The subject of the second part in the study is the result of the court’s failure to comply with the decision-making term regarding the approval request. In this part, firstly, the current important decisions of the Court of Cassation will be analyzed and the problem will be asserted. Secondly, in order to solve this problem, the historical process of the regulations regarding the examination period of composition with creditors will be examined. Ultimately, by exami- ning and evaluating the historical process, views in the doctrine, the starting point of the decisions of Court of Cassation and the purpose and characteristics of the institution that is composition with creditors, the subject of this study will try to be resolved according to various possibilities.

Concordat Confirmation Trial, Final Respite, Confirmation Decision, Peremptory Term, Reasoned Report.