Introduction
The questions as to whether shares are subject to seizure and,
if they are, how the powers of disposition on those shares can be
exercised, as well as the results of seizure on shares, are
frequently discussed in both the doctrine and in the decisions of
the Court of Cassation. In the examination of these subjects,
different legal disciplines, such as the Turkish Commercial Code
("TCC"), the Enforcement and Bankruptcy Law
("EBL"), and the Turkish Civil Code ("Civil
Code") should be evaluated, together.
Article 133 (2) of the TCC regulates that creditors, whether the
debtors' shares of the creditors in stock corporations are
issued as certificates or not, may request seizure and conversion
into money in accordance with the provisions of the EBL on
movables, and that the seizure shall be recorded in the stock
ledger upon request. The stock corporations mentioned here are
general partnerships, commandite, joint stock, limited liability,
and cooperative