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ARTICLE · 27 SEPTEMBER 2019

Parallel Debt And Its Legal Nature Under Turkish Law

Beyond any doubt, England is the trendsetter in the finance sector, ranging from Islamic finance to conventional finance.

TurkeyFinance and Banking

Introduction

Beyond any doubt, England is the trendsetter in the finance sector, ranging from Islamic finance to conventional finance. The mechanisms developed by England have been tested many times in various types of projects, deals and countries, serving to strengthen such mechanisms. As a result, the finance providers prefer English law, and most countries use English law documents as the basis to establish their own systems. In these circumstances, certain obstacles may arise in legal infrastructure and practice while implementing the mechanisms that belong to the Anglo Saxon legal system, such as England, to a civil law legal system, such as Turkey1. For instance, the notion of Trust2 under English law has not been recognised by civil law countries, such as Turkey. Alternative solutions have been adopted in this respect. In this newsletter article, among other alternatives, the parallel debt method, as well as its legal nature, will be set out, in a nutshell.

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