24 Apr Effects Of Stopping Enforcement and Bankruptcy Proceedings
DECISION TO STOP EXECUTION WITHIN THE SCOPE OF THE COMMUNIQUÉ ON THE CORONA VIRUS
The corona virus, which is closely monitored by the whole world due to the fact that it is a global epidemic, is rapidly
it continues to spread and affects social life, as well as great damage to business and commercial life
gives. As you know, each country is fully aware of these effects within its own capabilities and forecasts
to eliminate or minimize, we bring the new rule in the series, many social and economic
he’s taking precautions.
As a matter of fact, especially since last week, important new regulations have been introduced in our country. Previously
with the articles we share, we will bring you about the impact of the Korona virus on labor law and contracts
we informed him. In this article, with you, Article 330 of the enforcement and Bankruptcy Act 2004
the President’s Decree No. 2279 on its enactment (“decision”) and both of this decision
we will share our legal assessments of its implementation as well as its consequences.
A. EFFECTS OF TERMINATION OF EXECUTION AND BANKRUPTCY FOLLOW-UP
2279, which entered into force by publishing in the official gazette dated March 22, 2020 and numbered 31076
By the decision of the president, enforcement No. 2004 until 30.04.2020 due to the outbreak of the corona virus and
330 Of The Bankruptcy Code. The article has been put into effect. Below are the characteristics of the decision and its application area
it will be explained.
1. Legal Basis Of The Decision
Presidential Decree No. 2279 is as follows;
“Article 1-COVID-19 measures taken to prevent the spread of epidemic disease in our country
in accordance with; from the date of entry into force of this decision to 30.04.2020, related to alimony receivables
all enforcement and Bankruptcy follow-up carried out throughout the country, except for enforcement follow-ups
in this context, the parties and follow-up transactions are not carried out, new enforcement and Bankruptcy follow-up
it was decided not to take it and not to execute and execute injunctive foreclosure decisions.’’
According to Article 2 of the decision, it was decided that the decision would come into force on the day of publication. Also this
it is stated that the decision was made in accordance with Article 330 of the enforcement and Bankruptcy Act 2004.
Article 330 of the enforcement and Bankruptcy Act 2004;
‘In the event of an epidemic, a public calamity or war, by the decision of the delegation of executive deputies,
enforcement proceedings may be stopped for a certain period of time in favor of some economic groups.’’
he is called.
First, it should be noted that Article 330 of the law No. 2004 was applied for the first time in our country
it finds space. The purpose of the relevant article will be revealed, as stated in the justification of the article
in cases such as natural disasters and epidemics, it is necessary to protect citizens in accordance with the understanding of the social state.
For this reason, in the interpretation of the article, especially in accordance with the understanding of the social state of the legislator
the willingness to protect borrowers must be considered. Also, the regulation in question is only 2004
Collection procedure of Public receivables No. 6183, which covers transactions made under the law
It should not be overlooked that it does not cover transactions made under the law.
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