EXECUTION AND NON-EXECUTION OF PRECAUTIONARY LIEN DUE TO CORONAVIRUS - 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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20133
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EXECUTION AND NON-EXECUTION OF PRECAUTIONARY LIEN DUE TO CORONAVIRUS

24 Dec EXECUTION AND NON-EXECUTION OF PRECAUTIONARY LIEN DUE TO CORONAVIRUS

Posted at 00:47h in INFORMATION by
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Execution and non-execution of Precautionary Lien
For a long time in the teaching there have been discussions about the nature of the precautionary foreclosure process. As a matter of fact, in the decision of the General Assembly of the Law dated 23.1.2008 No. 3 of 2008/12-25 Basis 2008/3 Decision No. 3;
‘For this reason, an injunction is not an enforcement follow-up process, but a kind of precautionary process applied before the enforcement follow-up or the lawsuit to be filed, which helps the actual enforcement follow-up process, provides assurance, is a protective institution and is suitable for turning into an enforcement follow-up process in person. The fact that the precautionary foreclosure is not an enforcement follow-up process is explained by the General Assembly of the Supreme Court of Law “Precautionary foreclosure IIK. 289. ”Decision No. 16.02.2000 of the day and 2000/12-49 of the Basis and 2000/94; again “on the precautionary foreclosure will not be counted from the follow-up ban provided for in Article 662 of the Turkish Commercial Code. ”22.06.1968 days and 1967/805″ regarding the absence of the nature of the follow-up request listed in the article as among the reasons for decaying the statute of limitations
The essence is also clearly expressed in the decisions of the Resolution No. 1968/475.”it is stated that the precautionary foreclosure is not an enforcement follow-up process. For this reason, it must be in decision 2279
it is clearly stated that in addition to the follow-up of the parties, the precautionary foreclosure proceedings have been stopped. In addition, we would like to note that in this process, an injunction may be requested and an injunction may be issued. But the execution of the injunction is not possible. 3. Exceptions to the Decision No. 2279 From the follow-up and transactions that were stopped in the Decision, enforcement proceedings related to alimony receivables were excluded. For this reason, all kinds of transactions related to alimony receivables can be continued. As a matter of fact, considering the purpose of the decision to stop the execution, we believe that the exclusion of child support follow-ups coincides with this decision.

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