ERDEM-NEWSLETTER-2018-metin

302 NEWSLETTER 2018 Constitutional Court Decision of the Action for Annulment of the Disposition Transaction* Att. Duygu Oner The Plenary of the Constitutional Court carries out the review of the constitutionality of laws, resolutions of the president, as well as the Rules of Procedure of the Grand National Assembly of Turkey, in terms of form and merit considerations. In this newsletter article, the Constitutional Court’s annulment decision numbered 2018/9 E. 2018/84 K. and dated 11.07.2018 regarding the provisions on the an- nulment of dispositions stipulated in Article 278 of the Enforcement and Bankruptcy Law (“EBL”) is examined. The Subject of Action for Annulment The subject of application to the Constitutional Court in the pres- ent case is that after the commencement of the execution proceed- ings by the creditor against the debtor, the action for annulment of the disposition was initiated pursuant to Article 278 of the EBL, on the allegation that the debtor transferred the immovable shares that belonged to the creditor to his brother at a price that was lower than the real sale price, in order to retain the property and to cause damage to the creditor. The domestic court that heard the case had applied to the Constitutional Court for annulment and suspension of execution of the provisions concerning the claim that subparagraphs (1) and (2) of the third paragraph of Article 278 of the EB Lare contrary to the Constitution. Action for Annulment of the Disposition The purpose of an action for annulment of the disposition is to satisfy creditors arising from legally valid transactions that the debtor made prior to the attachment or bankruptcy, as well as the goods that * Article of November 2018