Taking and Implementation of Precautionary Measures Decisions
It is possible to take and implement the interim injunction decision within the period of suspension of execution. For
No regulation has been made on this issue in the Decision. Until now, according to substantive law
Holiday is not applied for lawsuits to be filed. Cases opened and pending
There is no provision for adjournment.
Status of Execution and Bankruptcy Proceedings and Periods of Proceedings Law
In the decision numbered 2279, a clear regulation regarding the execution and bankruptcy and follow-up law.
not done.
However, published by the Ministry of Justice Department of Enforcement Affairs on 24.03.2020
In the article numbered 86420598-296/2543, “the duration of execution and bankruptcy proceedings and follow-up law during the holiday
Since it is stated that “it will not
It is not possible to apply the application regarding the periods in the current situation and the enforcement and
We are of the opinion that the deadlines for bankruptcy and follow-up law should stop.
Payment of Money Taken to the Enforcement Deposit Box to Creditors
Foreclosures made by the debtor on his own initiative or made before the decision to stay execution
whether the payments made to the enforcement office as a continuation violate the rights of the debtor or third parties.
We are of the opinion that there is no harm in making payments to the creditors by checking that the
As a matter of fact, published by the Ministry of Justice Department of Enforcement Affairs on 24.03.2020
In the letter numbered 86420598-296/2543, “The payments made to the enforcement offices are accepted and within the scope of the file.
that does not require a list of orders and that the rights of the debtor or third parties will not be violated.
In agreed cases, the money will be paid to the creditors.
Status of Seizure and Seizure Annotations in the Case of Payment
The purpose of the Decision No. 2279 and Article 330 of the Execution and Bankruptcy Law No. 2004
Considering that it is to protect the interests of the debtors in disasters such as disasters, the payment of the debtor
removal of seizure and seizure annotations is contrary to the interests of the debtor.
Since there is no lien, it should be able to carry out the procedures for the removal of the seizure and arrest annotation.
we are of the opinion.
Because, published by the Ministry of Justice Department of Enforcement Affairs on 24.03.2020
In the article numbered 86420598-296/2543; “In case the debt of the file is paid or at the request of the creditor’s attorney
‘
specified
