ERDEM-NEWSLETTER-2018-metin

307 ENFORCEMENT AND BANKRUPTCY LAW and/or bankruptcy of the debtor, is to protect the creditors, and to pre- vent difficulties in terms of establishing proof. According to the Con- stitutional Court, the rule that is subject to objection is an interference with respect to the rights concerning property, but it is in the public interest to regulate the use of rights concerning property for transac- tions with a very low price and is accepted in return. According to the relevant regulation, all contracts in which a low price is made are not necessarily accepted as donations, only the transactions in which the disproportion between the actions is serious and cannot be expected to be assessed as objectively reasonable, are accepted as donations. On the other hand, although the relevant provision provides ease of proof to the creditor, the debtor may prove that the transaction was made on the real value by claiming the opposite; thus, the annulment of the transaction may be prevented. In this respect, the Constitutional Court has determined that the rule in question does not disrupt the fair bal- ance between public interest and an individual’s rights and freedoms, and does not violate the principle of proportionality. Within this context, the Constitutional Court found that the sub- paragraph (2) of the third paragraph of Article 278 of the EBLwas not contrary to the Constitution. Conclusion In its annulment decision, the Constitutional Court has interpreted the concrete norm control narrowly and, due to the fact that the trans- action in the dispute that is the subject of the case is made between the siblings, has examined the relevant provision of the law only limited by the expression “ kinship by blood, ” and has rendered its decision to annul the related statement due to its unconstitutionality. Thus, in the actions for annulment of the legal transaction, a dual distinction has emerged in terms of the party of the transaction. With the entering into force of the Constitutional Court’s annulment decision, in the transac- tions that the debtor makes with his/her relatives to the third degree by blood will not be subject to annulment. However, onerous transac- tions between conjoints, relatives to the third degree by marriage, the adopter and adopted, shall be considered to be donations, and shall be subject to the application for annulment, provided that the other conditions set forth in the relevant Article have been met.