STOPPING EXECUTION WITHIN THE SCOPE OF NOTIFICATIONS RECEIVED ABOUT CORONA VIRUS
Verdict
Corona virus, which is closely followed by the whole world because of a global epidemic, is rapidly
it continues to spread, and as much as it affects social life, it also harms business and business life.
gives. As you know, each country is fully aware of these effects within the framework of its own possibilities and predictions.
to eliminate or minimize, we are bringing new rules to the series, many socially and economically
he’s taking precautions.
As a matter of fact, especially since last week, important new regulations have been introduced in our country. Previously
we share articles about the impact of the corona virus on employment law and contracts.
we were briefed. In this article, with you, Article 330 of the enforcement and Bankruptcy Law no. 2004
the President’s Decision No. 2279 (“decision”) on its enactment and that of both
we will share our legal assessments of its implementation as well as its consequences.
A. EFFECTS OF CESSATION OF EXECUTION AND BANKRUPTCY PROCEEDINGS
No. 2279, effective 22 March 2020, published in the Official Gazette No. 31076
By the decision of the president of the corona virus outbreak due to the date 30.04.2020 2004 no enforcement and
330 Of The Bankruptcy Code. The clause was put into effect. Features of the decision and application area below
it will be explained.
1. Legal Basis Of The Decision
The President’s Decree No. 2279 is as follows:;
“Article 1-COVID-19 measures taken to prevent the spread of epidemic disease in our country
within the scope of this decision from the effective date of 30.04.20220, regarding alimony receivables
all execution and bankruptcy proceedings carried out throughout the country, except for execution proceedings
in this context, to stop the parties and follow-up transactions, new execution and Bankruptcy follow-up
it was decided not to take and that the injunctive lien decisions should not be exercised and executed.’’
According to Article 2 of the resolution, it is decided that the decision will take effect on the day of publication. Also this
the decision was made in accordance with Article 330 of the enforcement and Bankruptcy Act 2004.
Article 330 of the enforcement and Bankruptcy Law No. 2004;
‘In the event of an epidemic, a public calamity or war, by the decision of the delegation of executive deputies,
execution proceedings may be halted for a certain period of time in part or in favor of some economic groups.’’
he is called.
First of all, it should be noted that Article 330 of the law No. 2004 is the first application in our country.
the area is located at. The purpose of the relevant article shall be revealed as stated in the justification of the article
in cases such as natural disasters and epidemics, it is necessary to protect the citizens in accordance with the social state understanding.
Therefore, in the interpretation of the article, it is especially necessary for the legislator’s understanding of the social state.
the willingness to protect borrowers must be considered. In addition, the regulation in question only in 2004
Collection procedure of Public receivables numbered 6183, which covers transactions made under law no.
It should not be overlooked that it does not cover transactions under the law.