The Legal Proceedings Affecting the Whole of the Commercial Enterprise’s Assets

Res. Asst. Sümeyye Erkalan Coşkunsu*

Business enterprises are considered as a whole. The legislator enables commercial businesses to be treated as independent entities in transfers and other legal procedures. The exact details of the transfers and other legal procedures are not clear in the law text. However, as mentioned in the grounds of the article, the commercial business may be treated as an independent entity in transfer, pledge and lease contracts. Considering these procedures, the provision no. 11/3 of the Turkish Commercial Code bearing enforcement on commercial businesses is regarded an exception for the stipulated conditions regarding the execution of the legal procedures. Due to the fact that the assets allocated to the commercial business as a rule consist of many tangible-intangible, movable-immovable goods and rights, it is an area that cannot be appropriated via a single legal procedure. Thus, the fact that these assets may be treated by a single legal procedure in transfer, pledge and lease contracts is the exception to this rule. As the commercial businesses are not accepted as legal entities, the questions regarding who shall be the holder of the assets allocated for the business activity; who shall be the contact person for the rights, receivables and liabilities should be clarified. Especially in the event that the person operating the commercial business is a natural person trader (merchant), it is of utmost importance that who or what shall be responsible within the scope of business activities. Due to the fact that the responsibility is established upon assets in the current legal systems, the determinations regarding responsibility require that the issue of assets are to be established on a legal ground along with determining their limitations and effects. This study aims to determine the scope of the responsibility resulting from the business activities assigned to the natural person trader practicing commercial business activity.

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* Yozgat Bozok University Law School, Department of Commercial Law.