THE PRIORITY OF PUBLIC RECEIVABLES IN BANKRUPTCY

The priority given to the public receivables in the bankruptcy stage is regualated by the article 21/3 of the Law on the Procedure For the Collection of Public Receivables (law no 6183): “Public receivables shall be treated in the third row in accordance with priority list pursuant to the provisions of the Execution and Bankruptcy Law article 206 in the event of the Bankruptcy of the debtor, refusal of the inheritance and the official liquidation of the estate”. Public receivables arising from customs duties, building and land taxes and other public receivables stemming from the real rights over immoveable shall have priority over the secured creditor in its collection for such goods or immoveable. These public receivables have priority both in lien and bankruptcy stage. These receivables are recorded as privileged debts in the bankruptcy table. These receivables are first paid before the other receivables including pledges. Other public receivables will take third place as privileged receivables in the bankruptcy stage. In this study, the place of public receivables (except for public receivables arising from customs duties, building and land taxes and other public receivables stemming from the real rights over immoveables) in the bankruptcy stage will be examined. Also the historical development of legal regulations on the matter will be discussed in this context.