Problems That May Arise in The Decision To Stop Execution Within The Scope Of Measures Taken About 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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Problems That May Arise in The Decision To Stop Execution Within The Scope Of Measures Taken About Coronavirus

24 Apr Problems That May Arise in The Decision To Stop Execution Within The Scope Of Measures Taken About Coronavirus

Posted at 00:38h in General by
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Decision Making And Implementation Of Precautionary Measures
It is possible for the injunction decision to be taken and applied within the period during which the execution is stopped. Because no regulation has been made in the resolution on this issue. So far, according to material law
in terms of cases to be filed, the holiday is not applied. Also, there is no regulation for postponing cases that have been filed and are being considered.
Status Of Execution And Bankruptcy Follow-Up And Follow-Up Law Periods
In decision 2279, no explicit regulation was made about the periods to be processed in relation to enforcement and bankruptcy and follow-up law.
But since article 86420598-296/2543, published by the Department of Executive Affairs of the Ministry of Justice on 24.03.2020, states that ‘ the periods related to enforcement and Bankruptcy follow-up and follow-up law will not operate during the holiday period’, 56 of the enforcement and Bankruptcy Law No. 2004. We believe that the application for the periods in talik States specified in the article is not possible to be applied in the current situation and that the periods in enforcement and bankruptcy and follow-up law should stop.
Payment of money received in the bailout vault to creditors we believe that there is no harm in paying creditors by checking whether payments to the bailout office, which the borrower made on his own initiative or as a continuation of foreclosures made before the decision to stop the execution, violate the rights of the borrower or third parties.
As a matter of fact, in Article 86420598-296 / 2543 published by the Department of Executive Affairs of the Ministry of Justice on 24.03.2020, ” the executive offices do not require the sequence chart to be made within the scope of the file by accepting payments made and the rights of the debtor or third parties will not be violated
it is understood that the money will be paid to creditors”.
Status Of Foreclosure And Capture Comments In Case Of Payment
Section 330 of resolution 2279 and the enforcement and Insolvency Act 2004. Considering that the purpose of the article is to protect the interests of borrowers in disasters such as epidemics, natural disasters, removing foreclosure and capture comments if the borrower pays is contrary to the interests of the borrower
we believe that it should be able to take actions to remove foreclosures and seizures.
Because, in Article 86420598-296/2543 published by the Department of Executive Affairs of the Ministry of Justice on 24.03.2020; ‘in case of payment of file debt or at the request of the creditor’s attorney, foreclosure and capture comments can be removed, file closure operations can be done first’
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