TİCARİ İŞLEMLERDE TAŞINIR REHNİ KANUNU KAPSAMINDA KURULAN REHİNLERDE REHİNLİ ALACAKLININ TATMİN EDİLMESİ

Pledge in trading operations act no. 6750 brought many new features in our collateral law as well as in our enforcement law. The law facing justifiable criticisms in terms of the doctrine, regularizes that many items of movable poperty can be the subject of pledge, however, does not provide an answer as to how the securşty interests shall be enforced. The fact that the articles which will be applied in case of the debtor’s default has not been designed by a law but a regulation is noteworthy in terms of being contradictory to the principles of execution and bankruptcy law. In terms of trading operations, the pledge is not only, in narrow interpretation, the subject of security interests but also the right of claim or other rights in that sense, the subject of how these rights will be transferred to the claimant thereby in that process demands applying the articles of execution and bankcruptcy law. What will be the guiding rules which will be applied in case of disappearance or changing the type of the goods which are the subject of the pledge, appears as a question that we are confronted with which should be resolved. In our study, we primarily touched on the execution proceedings in general and based on the type of goods we pursued an answer to the question of how the claimant will be satisfied. In that scope we discussed whether or not the provisions of execution and bankcruptcy law will be applicable in any field.