Article 11, No. 6102 of Turkish Commercial Code presents the definition of an enterprise. In the Article 11 titled Integrity Principle, the law-makers set forth a system in which the commercial enterprise becomes the issue of legal acts as well as defining “enterprise”. In this regard, the commercial enterprise is an integrity along with the elements constituting the enterprise; and, due to this integrity managers of commercial enterprises dispose any act regarding all the assets of the enterprise upon a single legal action.

The legal actions regarding the assets of the commercial enterprise are regarded as “transfer and other legal actions”( TCC 11/3). The issue of the transfer of commercial enterprise, which is clearly stated in the law, is of importance especially with regards to the protection of the claimants of the debts of the commercial enterprise. Upon the transfer of the commercial enterprise, the claimants of the debts of the enterprise encounter many problems while collecting their debts. One of these problems commonly observed in practice is that the transfer of the commercial enterprise is realized in order to harm the claimant. Replevin claims directed to the claimants upon requesting the recovery of their debts from the transferee to whom the commercial enterprise is transferred drive the claimants towards defending themselves by claiming that the transfer act is collusion.

This study examines this issue becoming the main agenda after the transfer of the commercial enterprise in the light of the claims of the transferee, defenses of the claimants, the legal ways established by the law-makers to protect the claimants within the scope of Turkish Commercial Code, Turkish Code of Obligations, and Enforcement and Bankruptcy Law.