T.C.
SUPREME
- law office
MAINLY NO: 2017/9857
DECISION NO: 2017/9650
DATE OF DECISION: 20.11.2017
THE PLACE OF JURISDICTION IN THE APPEAL AGAINST THE VALUATION OF THE ASSET IS THE EXECUTIVE CIVIL COURT.
ABSTRACT: The Executive Civil Court is authorized to appeal against the discretion of the asset.. if the asset appreciation has been made by another Executive Directorate through instruction, the authority to examine objections to the asset appreciation also belongs to the Executive Court to which that executive office is affiliated.
In the case between the parties … Enforcement Law and … Dec. 11. Separate jurisdiction by the courts of law enforcement due to the decision of the file if it is issued after the expiration of the final decision in the Regional Justice Courts operational for two different regional justice by the courts and jurisdiction the jurisdiction of the court be issued Law No. 5235 36/3 mutual decision. in accordance with the article, since the task of the legal departments of the District Courts of Justice is to decipher disputes of authority and duty between the judicial courts of first instance located in the judicial environment, all documents in the file sent to determine the place of jurisdiction were examined and considered necessary:
decision
The case concerns an appeal against the discretion of the asset.
… By the Executive Court; … 5. 12/07/2016 written in the history of the Executive Office the executive office in writing instruction exclusively in the county, housing mainly the process of asset appreciation from the bottom to the sale of the vehicle he wants to get done, where the operation was established in accordance with the instruction Execution By…, this demand of the debtor’s movable and immovable property rights and receivables in the direction of the foreclosure of third persons, and is of a general nature, but not the point of asking for the foreclosure of a certain property on the grounds that it is written in the format of foreclosures has been given jurisdiction’s decision to
… 11. 128 of light to work by the law enforcement Tribunal/a-1 in accordance with the complaints about the valuation, appraisals where the court is located in the Executive Office who should be made to an affiliate of execution, appraisals of the Executive Office of Instruction No. 2016/89 it is understood that the file was made from, but depending on where that is located after the Executive Directorate of the competent court, the court has been given jurisdiction on the grounds that the decision to
4/1 of the IIK No. 2004. in the article “…The examination of complaints and objections made against the treatment of enforcement and bankruptcy offices is carried out by a judge of the executive court or a judge who has been assigned this task in accordance with the law …”
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 foreclosed are located elsewhere, he immediately writes the foreclosure to the enforcement office of the place where the goods are located. In this case, complaints related to foreclosure are resolved by the executive court to which the requested enforcement agency is subject …”provisions have been included.
As can be understood from the mentioned legal regulations, the objections and complaints related to this follow-up are resolved by the executive court to which the enforcement directorate is affiliated, whichever enforcement directorate has been followed-up. However, if the goods to be confiscated are located elsewhere, the place where the goods are located by order is examined by the enforcement court, to which the enforcement agency that makes the foreclosure is attached, in complaints about the foreclosure made by the enforcement directorate.
In a concrete case, the authority to examine objections to the valuation of assets, since the valuation of assets is carried out by the Executive Directorate through instruction … 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. It was unanimously decided to designate the Executive Court AS the PLACE OF JURISDICTION on 20/11/2017.
