Article Information

Journal: Business and Economics Research Journal
Title of Article: Kamu Alacağı: Hukuki Bir Değerlendirme
[Public Claims: A Legal Evaluation]
Author(s): Tamer Budak, Serkan Benk
Volume: 2
Number: 2
Year: 2011
Page: 61 – 76
ISSN: 1309-2448

Abstract

In order for a claim to exist, the host there has to be two parties. In case of public claims one of the parties is the state, special provincial administration and municipalities; while the debtor consists of the natural and legal persons. The definition of public claims is provided by The Procedure Law of Collection of Public Claims. One claims, the quality of the public claims not cause any, may be excluded from the scope of Law No. 6183. All the claims of public administration are not public claims. However, any private claim can have the security of a public claim. For this reason the criteria used to define a public claim differ. Arrangements, which can render a public claim a privileged claim, exist in the relevant Code. The aim of this study is to define the concept of public claim expressed in the relevant code and to determine the conditions under which a claim not stated in the Code can be considered a public claim in the light of court decisions.

Keywords: Public Claims, Public Service, Damages for Unlawful Occupation, Private Claims, Public Administration

JEL Classification: K34, H20, E62