Ticari İşletme Hukuku Pratik Çalışması-4: Ticari işletmenin devri - rehni, faiz, merkez ve şube

Transfer of a commercial enterprise, interest, commercial enterprise mortgage, concepts of headquarters and branch office CASE I Ali, who owned a commercial enterprise, transferred the business's debts to his son Hasan in December 2023, retaining the debt. Following this transfer, the first creditor, who had become a creditor during Ali's time operating the business, claimed that the debt owed to him was already one month overdue in December 2023, and therefore demanded payment. The other creditor's receivable will become due in February 2026. QUESTIONS: 1) Is it possible to leave the debt with Ali and transfer the business to Hasan? 2) Who can claim the receivable due in December 2023, and how? 3) Can Ali claim that he is not responsible for the receivable due in 2026? CASE II Kamil, who is experiencing some financial difficulties in his commercial enterprise, wants to borrow $500,000 from his friend, Tahsin, another commercial enterprise owner. However, Tahsin wants to help his friend, but at the same time, he believes he won't be able to collect the debt. He wants to pledge the production machines within his business as collateral for the debt, but he fears that pledges will halt production. 1) As a lawyer, what course of action can you advise Kamil in this situation? What are its specifics? How can it be implemented? 2) One of the machines provided to Tahsin as collateral has been removed from the business and sold to a third party. What can Tahsin do in this situation? 3) Meanwhile, Tahsin fears that Kamil, in his depression, will damage the other machines. What can he do about this? CASE III His friend, merchant/student Ali, borrowed money from Selim, the owner of the business, and agreed to repay the debt one year later, in December 2025. However, he was unable to repay the loan on time. 1) Will Selim be able to claim interest for 2025? 2) If the debt is not paid by the due date, what should the interest rate be? How should the claim be made? 3) What happens if the interest rate until the due date is agreed upon in the agreement, but the default interest rate is not? CASE IV A commercial enterprise has an office in Maslak, where its business is managed, a store in Adana where it sells its products, a shipping warehouse in Central Anatolia, and a factory. a) Describe the Maslak office and list the reasons. b) Describe the Adana store and list the reasons. c) Describe the shipping warehouse and list the reasons. d) Describe the factory and list the reasons. e) Where should the person who purchased a product from the store in Adana file their lawsuit? What would your opinion be if this were a bankruptcy claim? I wish all our students, wherever they are, success in their exams.