ERDEM-NEWSLETTER-2018-metin

303 ENFORCEMENT AND BANKRUPTCY LAW the debtor removed from the assets, as if they had belonged to the debtor. In accordance with Article 278 of the EBL, except for custom- ary gifts, all donations and gratuitous transactions made by the debtor within the two year period prior to the arrest, or commencement of the bankruptcy proceedings, shall be subject to annulment. Additionally, pursuant to the third paragraph of Article 278 of the EBL, the follow- ing dispositions of the debtor shall be deemed as donations, although they are onerous, and such dispositions shall be subject to annulment: (1) Reciprocal transactions between conjoints, relatives to the third degree by blood or marriage, adopter and adopted; (2) Transactions in which the debtor accepted a price much lo- wer than the real value in return for the goods; (3) The contracts in which the debtor establishes a life annuity contract, contract of support for life, or usufruct right, for his/her own benefit, or for that of a third party. Within this scope, onerous transactions between conjoints, rela- tives to the third degree (including this degree) by blood or marriage, and adopter and adopted, shall be deemed as donations, as is set forth in subparagraph (1) of the third paragraph of Article 278 of the EBL, which is the subject of the request for annulment. In the second sub- paragraph of the relevant paragraph, it states that if the debtor is paid a very low price in return for the goods of the transaction, this transac- tion shall be deemed as a donation, and is subject to annulment. The Local Court applied to the Constitutional Court for the reason that these two subparagraphs do not comply with Articles 2, 10, 13, 35 and 36 of the Constitution. Issue with Authorization In accordance with Article 152 of the Constitution, if a court hearing a case finds that the law or the presidential decree to be ap- plied is unconstitutional, or if it is convinced of the seriousness of a claim of unconstitutionality submitted by one of the parties, the court is authorized to apply to the Constitutional Court for the annulment of this provision. The examination to be made by the Constitutional