T.C. SUPREME COURT 20. law office
Article No:2017/9857 Decision No:2017/9650 Date of Decision: 20.11.2017
THE CASE OF APPEAL AGAINST THE DISCRETION OF THE ASSET – THE INSTRUCTION OF THE GOODS
THE PLACE WHERE IT IS LOCATED IS RELATED TO THE FORECLOSURE MADE BY THE ENFORCEMENT DIRECTORATE
THE ENFORCEMENT AGENCY THAT MAKES THE FORECLOSURE IN THE COMPLAINTS IS AFFILIATED WITH
THE NEED TO ENSURE THAT THE EXECUTIVE COURT IS COMPETENT
SUMMARY: If the goods to be confiscated are in another place, the place where the goods are located with the instruction will be executed
in complaints about foreclosure filed by the directorate, the enforcement department affiliated to the enforcement department that makes the foreclosure
it is examined by the court. For this reason, since the valuation of the asset is done through instruction, the valuation
as the place of jurisdiction of the executive court to which the executive office that makes the relevant objections is attached
it must be determined.
(2004 P. K. m. 4, 79, 128/A)
In the case between the parties … Enforcement Law and … Dec. 11. Individual non-authorization by the Executive Law Courts
due to the fact that the decision was made, the final decision in the file was taken to ensure that the District Court Courts are operational
if it is issued later, it is also issued by the courts remaining in the jurisdiction of two different District Courts
36/3 of the Law No. 5235 on mutual non-authorization of the decision having been made. pursuant
The judicial jurisdiction, which is located within the judicial circle of the duty of the legal departments of the Regional Courthouse Courts, is the first
to resolve disputes of authority and duty between courts of deci-sion and jurisdiction
all the documents in the file sent to determine the location were examined and considered as necessary:
The case concerns an appeal against the discretion of the asset.
… By the Executive Court; … 5. The Executive Office has written to the Executive Office on 12/07/2016
the instruction is based on the sale of the vehicle, which is stored exclusively in the district … in the article
in accordance with the instructions of the Enforcement Agency, which wants the asset appreciation process to be carried out, the facility
however, in this form, the demand is for securities and real estate belonging to the debtor, as well as 3. rights and freedoms of persons
a point of foreclosure that is in the direction of foreclosure of receivables and is not of a general nature and requests the foreclosure of a certain property
an unauthorized decision was made on the grounds that it was written in the format.
… 11. In accordance with Article 128 / a-1 of the IIK, the Court of Executive Law on the discretion of assets
the complaint shall be filed with the executive court to which the executive office that makes the valuation of the asset is attached
as required, the valuation is made from the Executive Office’s file No. 2016/89 Instruction
it is understood that the competent court … is the executive court to which the Executive Directorate is attached
an unauthorized decision has been made on the grounds of.
4/1 of the IIC No. 2004. in the article “… Against the treatment of enforcement and bankruptcy offices
examination of complaints and objections by a judge of the executive court or, in accordance with the law, this task is assigned to him
what has been given is done by the judge…”
79 Of the Same Law. in the article “The enforcement agency finally makes a foreclosure within three days of the request.
If the goods to be confiscated are located elsewhere, it is up to the enforcement office of the place where the goods are located
he’ll write right away. In this case, complaints about foreclosure are subject to enforcement by the enforcement agency that is being appealed
it is resolved by the court …”.
As can be understood from the mentioned legal regulations, this is the enforcement directorate in which the enforcement proceedings were conducted
objections and complaints related to the follow-up the place where the follow-up is carried out is the enforcement directorate where the enforcement directorate is affiliated
it is resolved by the court. However, if the goods to be confiscated are located elsewhere, the goods must be
the place where it is located depends on the enforcement department that makes the foreclosure in complaints about foreclosure made by the enforcement directorate
it is examined by the executive court where it is located.
In a concrete case, the valuation is done by the Executive Directorate through instruction, so the valuation is
the authority to examine objections related to … 11. It belongs to the Executive Court.
Conclusion: For the reasons described above, HMK No. 6100 has 21 and 22. according to the articles; … 11. Execution
A unanimous decision on the DETERMINATION of the Court AS THE PLACE OF JURISDICTION on 20/11/2017
it was given.
