Hauptunterschiede zwischen dem Schweizerischen und dem Türkischen Nachlassverfahren

Abstract

Mainstream literature on the reception of Swiss civil law in Türkiye often argues that different customs and traditions in Turkish society have led to differing interpretations of the law and practices. However, the differing interpretations of Turkish courts compared to Swiss courts are often based less on cultural differences than on “technical” aspects of the application of the law. This also applies to legislative modifications in Türkiye with regard to adopted Swiss norms. A striking example of such differences can be found in the area of bankruptcy reorganization proceedings. The Turkish Debt Enforcement and Bankruptcy Act was largely adopted from Swiss law in 1929. Since then, both legislatures have made extensive changes. Most recently, a reform of bankruptcy reorganization proceedings was passed in Türkiye, based on the Swiss modernization legislation of 2013. Despite this orientation, significant differences exist, some of which could also be considered as possible regulatory alternatives for Swiss law. Using the method of comparative law and taking the reception of Swiss bankruptcy laws by Türkiye as an example, this article aims to draw attention to value of the post-reception legislative developments in the receiving countries which may serve as an alternative way of regulation for the home country.