ON THE `PIERCING THE VEIL` THEORY AND RULING NUMBER 582/7383 DATED 2 NOVEMBER 2000 BY THE 19TH CHAMBER OF THE TURKISH SUPREME COURT

Authors : Gülören TEKİNALP, Ünal TEKİNALP

Pages : 15-25

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Publication Date : 2003-12-28

Article Type : Research Paper

Abstract :The decision 2000/7383 o f the 19 h Chamber o f the Court o f Appeal dated 2 November 2000, has a special importance regarding that a recent highly sensitive issue o f Turkish doctrine is debated before a judicial body. The decision is the outcome o f a process, where guarantor o f a cash-loan issued by a local bank is prosecuted on the grounds that the debtor did not  pay the loan installments. The `piercing the veil` theory, which also exists in American law as well as in some other legal systems in the world, has been discussed in the Turk- ish doctrine for the last eight years but recently argued before the courts. In this article, not only the above-mentioned decision by the Court of Appeal but also some other cases incorporating the element of non- citizenship will be analyzed or referred to. 
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