In Accordance with the Claims Against the New Company Established for the Debt Evasion; the Availability of the Concepts of Simulation, Lifting the Corparate Veil and Organic Linc and the Applications of the Court of Appeals

In commercial practice, it is often seen that the companies which are sunk in to debt, to carry out their activities under the name of a different company, in order to avoid the executive proceedings of creditors. For that purpose, the partners of the debtor companies establish a new company, the new com-pany continues to operate in the same business line and also trade with even the same customer environ-ment as the debtor company. When the creditors of the debtor companies start an executive proceeding, they encounter a company that has not any assets to attach and sink in debt. Furthermore, during the proceedings against the new company, creditors also face the defense that both companies have separate legal entities and that no other legal entity can be held responsible for the debts of one legal entity.In such cases, simulation comes to mind first. However, the conditions of the simulation are not realized in all cases. For this reason, in many cases, “lifting the corporate veil” theory is needed to be discussed.