Details Of Foreclosure Of Household Goods - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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Details Of Foreclosure Of Household Goods

26 Jan Details Of Foreclosure Of Household Goods

Posted at 17:58h in General by
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Our bankruptcy law of our household goods to 82/3. limitation. According to the Regulation ev except for precious things such as money, negotiable documents, gold, silver, precious stones, antiques or ornaments; if the item used for the same purpose is more than one, one of them may be ın handed over.

According to the law, in the debtor’s house money, negotiable documents (stocks, bills, checks etc.), gold, silver, precious stones, antique or ornamental items are possible. There is no limitation except for the amount of the debt required to be seized.

In the Supreme Court’s decisions; It is defined as all kinds of goods necessary to sustain the life of the borrower, to maintain a modest standard of living and maintain the minimum conditions of the social status. According to the Court of Appeals, households who are obliged for the family members who live under the same roof and who are hayat required insan for refrigerator, washing machine, television, sofa set, iron, oven, carpet, dishwasher, etc. are not subject to foreclosure. . (Supreme Court 12th H.D. 2012/27279 E. 2013/11536 26.03.2013)

Household goods need to be needed for family members living under the same roof as the debtor and the debtor. The concept of family members living under the same roof includes the spouse’s wife, children, sonship, debtors who live with the debtor or relatives of the spouse.

If there is more than one of the necessary household items, one of them should not be confiscated and left to the debtor. It is possible to confiscate other household goods / belongings. The Court of Cassation decides which household goods should be seized and which household goods are not to be confiscated; (12th Law Department of the Supreme Court 2013/34641 2014/889 16.01.2014)

The value of the needful household goods will not constitute an obstacle for the complaint of imprisonment. However, if the value of the necessary household goods is very exorbitant, the Supreme Court shall decide not to hear the complaint of imprisonment.

In case of the seizure of the aforementioned necessity, the execution court can be complained against the decision of the executive director who places the order. The duration of the complaint is 7 days as from the day of the learned process (subject to the need for the necessary household goods). If the court is satisfied with the complaint, the enforcement court removes the confiscation on the goods, and the goods are returned to the debtor.

The subject matter described above relates to the borrower and the goods which are required for those living under the same roof. There are other topics that are prohibited. It is recommended that those who wish to obtain detailed information about the non-fraudulent complaint should apply to the lawyer.

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