Effects Of Suspension Of Execution And Bankruptcy Proceedings
SUSPENSION OF EXECUTION WITHIN THE SCOPE OF NOTIFICATIONS ABOUT CORONA VIRUS
DECISION
Corona Virus, which is closely followed by the whole world because it is a global epidemic, is rapidly
continues to spread and causes great damage to business and commercial life as well as affecting social life.
is giving. As you know, each country, within the framework of its own capabilities and forecasts
In order to eliminate or minimize, we are introducing a series of new rules, social and economic
measures.
As a matter of fact, important new regulations have been introduced in our country, especially since last week. Previously
We invite you to read the articles we have shared with you on the impact of the Corona Virus on labor law and contracts.
we have already informed you. In this article, we would like to inform you that Article 330 of the Execution and Bankruptcy Law No. 2004
Presidential Decree No. 2279 on the entry into force of the Decree (the “Decree”), and both
We will share our legal assessments regarding both its implementation and its consequences.
A. EFFECTS OF STAY OF EXECUTION AND BANKRUPTCY PROCEEDINGS
No. 2279, which entered into force after being published in the Official Gazette dated March 22, 2020 and numbered 31076
With the Presidential decree, due to the corona virus outbreak, until 30.04.2020, the Execution and Enforcement Law No. 2004
Article 330 of the Bankruptcy Law has been put into effect. The features of the decision and its scope of application are as follows
will be explained.
1. Legal Basis of the Decision
Presidential Decree No. 2279 reads as follows;
” Article 1-Measures taken to prevent the spread of COVID-19 pandemic disease in our country
within the scope; from the date of entry into force of this Decree until 30.04.2020, regarding alimony receivables
Except for execution proceedings, all execution and bankruptcy proceedings carried out throughout the country
and within this framework, the parties and proceedings shall not be carried out, and new execution and bankruptcy proceedings shall be suspended.
and the interim attachment decisions shall not be enforced and executed.”
Pursuant to Article 2 of the Decree, the Decree shall enter into force on the day of its publication. In addition, this
It is stated that the decision was made in accordance with Article 330 of the Execution and Bankruptcy Law No. 2004.
Article 330 of the Execution and Bankruptcy Law No. 2004 states;
”In case of epidemic disease, a general calamity or war, a part of the country by the decision of the Board of Executive Deputies
enforcement proceedings may be suspended for a certain period of time in favor of certain economic groups.”
First of all, it should be noted that Article 330 of the Law No. 2004 has been applied for the first time in our country.
area. The purpose of the relevant article, as stated in the preamble of the article
It is a requirement to protect citizens in cases such as natural disasters and epidemics in accordance with the social state understanding.
For this reason, in the interpretation of the article, especially in accordance with the social state understanding of the legislator
the desire to protect debtors should be taken into account. Furthermore, the regulation in question only applies to the 2004
Law No. 6183 on the Procedure for Collection of Public Receivables
It should be noted that it does not cover transactions pursuant to the Law.
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