Problems That May Arise In The Decision On Suspension Of Execution Within The Scope Of Measures Taken Regarding The Corona Virus.
Taking and Implementation of Injunction Decisions
It is possible to obtain and implement a preliminary injunction during the period of stay of execution. This is because there is no regulation on this issue in the Decision. To date, the vacation is not applied to cases to be filed under substantive law. Likewise, there is no provision for the postponement of pending lawsuits.
Execution and Bankruptcy Proceedings and the Status of the Time Periods Regarding the Law of Execution and Bankruptcy Proceedings
Decision No. 2279 does not make a clear regulation on the periods to be processed regarding enforcement and bankruptcy and follow-up law.
However, since it is stated in the letter numbered 86420598-296/2543 published by the Ministry of Justice Enforcement Affairs Department on 24.03.2020 that “the periods regarding the enforcement and bankruptcy proceedings and follow-up law will not run during the holiday period”, we are of the opinion that it is not possible to apply the application regarding the periods in the talik situations specified in Article 56 of the Execution and Bankruptcy Law No. 2004 in the current situation and the periods regarding the enforcement and bankruptcy and follow-up law should stop.
Payment to Creditors of Money Taken into the Execution Safe
We believe that there is no harm in making payments to creditors by checking whether the payments made by the debtor on his own initiative or made to the enforcement office as a continuation of the attachments made before the decision to suspend the execution violate the rights of the debtor or third parties.
As a matter of fact, in the article numbered 86420598-296/2543 published by the Ministry of Justice, Department of Enforcement Affairs on 24.03.2020, it is stated as follows: “Execution offices accept the payments made within the scope of the file
In cases that do not require the execution of a ranking list and where it is understood that the rights of the debtor or third parties will not be violated, the money will be paid to the creditors”.
Status of Seizure and Arrest Warrants in Case of Payment
Considering that the purpose of Decree No. 2279 and Article 330 of the Enforcement and Bankruptcy Law No. 2004 is to protect the interests of debtors in disasters such as epidemics and natural disasters, the debtor’s payment
In our opinion, the debtor should be able to take actions to remove the attachment and seizure annotations, since the removal of the attachment and seizure annotations is not contrary to the interests of the debtor.
Because, in the letter numbered 86420598-296/2543 published on 24.03.2020 by the Ministry of Justice Enforcement Affairs Department on 24.03.2020; “in case the file debt is paid or upon the request of the creditor’s attorney, the attachment and seizure annotations can be removed, and the file closing procedures can be carried out first
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