Non-Execution And Non-Execution Of Precautionary Attachment Due To Coronavirus
Failure to enforce and execute the precautionary attachment
There have long been debates in the doctrine on the nature of the precautionary attachment procedure. As a matter of fact, the General
In the decision of the Board dated 23.1.2008 and numbered 2008/12-25 Main 2008/3 Decision3
”For this reason, the precautionary attachment is not an enforcement proceeding, but an auxiliary to the main enforcement proceeding,
a safeguarding and protective institution that provides security and lends itself to being transformed into an enforcement proceeding,
is a kind of precautionary measure applied before the execution proceedings or the lawsuit to be filed. Precautionary attachment
The General Assembly of Civil Chambers of the Court of Cassation has stated that “Precautionary attachment is not an enforcement proceeding under Article 289 of the EBL.
“dated 16.02.2000, 2000/12-49 Esas 2000/12-49 and 2000/94
Decision No.; again, “the precautionary attachment interrupts the statute of limitations under Article 662 of the Turkish Commercial Code
“on 22.06.1968 dated 1967/805 regarding the lack of the quality of the follow-up request counted among the reasons
It is also clearly stated in the judgments numbered Main, 1968/475 Decision.”
It is stated that precautionary attachment is not an enforcement proceeding. For this reason, in the decision numbered 2279
It is clearly stated that interim attachment proceedings are suspended in addition to the party proceedings. Furthermore
We would like to point out that in this process, a precautionary attachment decision can be requested and a precautionary attachment decision can be issued.
However, it is not possible to enforce the interim attachment decision.
3. Exceptions to Decree No. 2279
Execution proceedings regarding alimony receivables are exempted from the proceedings and transactions suspended by the Decision. This
Therefore, all kinds of proceedings regarding alimony receivables can be continued. As a matter of fact, suspension of execution
Considering the purpose of the decision, exempting alimony proceedings is in line with this decision.
we believe.
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