PROBLEMS THAT MAY ARISE IN THE DECISION TO STOP THE EXECUTION WITHIN THE FRAMEWORK OF THE COMMUNIQUÉ ON THE CORONA VIRUS. - 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 THE EXECUTION WITHIN THE FRAMEWORK OF THE COMMUNIQUÉ ON THE CORONA VIRUS.

24 Dec PROBLEMS THAT MAY ARISE IN THE DECISION TO STOP THE EXECUTION WITHIN THE FRAMEWORK OF THE COMMUNIQUÉ ON THE CORONA VIRUS.

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Taking And Implementing Decisions on Injunctive Relief It is possible to take and implement an injunction within the period during which the execution has been stopped. Because there has been no regulation on this issue in the Decision. To date, the holiday has not been applied in terms of lawsuits to be filed in accordance with substantive law. There is also no regulation on postponing cases that have been opened and are being considered.
Status of Periods Related to Enforcement and Bankruptcy Proceedings And Follow-up Law In resolution 2279, there is an explicit regulation on the periods that will be processed in relation to enforcement and bankruptcy and follow-up law
has been made.
However, since article 86420598-296/2543 published by the Department of Enforcement Affairs of the Ministry of Justice on 24.03.2020 stated that ‘the periods related to enforcement and bankruptcy proceedings and follow-up law will not be processed during the holiday period’, Article 56 of the Enforcement and Bankruptcy Code of 2004. We believe that the application for the periods specified in the Article cannot be applied in the current situation and that the periods for enforcement and bankruptcy and follow-up law should stop.
Payment of Funds Received in the Execution Vault to Creditors We believe that there is no harm in making payments to creditors by checking whether payments made to the execution chamber on the debtor’s own initiative or as a continuation of liens made before the decision to stop execution violate the rights of the debtor or third parties. As a matter of fact, the Ministry of Justice issued on 24.03.2020 by the Department of Executive Affairs
The article No. 86420598-296/2543 states that ’The money will be paid to creditors in cases where the executive offices do not require a queue ruler to be made within the scope of the file by accepting payments made and it is understood that the rights of the debtor or third parties will not be violated”.
The Status of Lien and Seizure Notices in Case of Payment is determined by decision No. 2279 and Article 330 of the Enforcement and Bankruptcy Code No. 2004. The epidemic of the purpose of the substance is a natural
considering that it is to protect the interests of borrowers in disasters such as disasters, we believe that if the borrower pays, he should be able to take actions to remove the lien and capture comment, since the removal of the lien and capture commentaries is not contrary to the interests of the borrower.
Because in the article No. 86420598-296/2543 published by the Department of Executive Affairs of the Ministry of Justice on 24.03.2020; “If the file debt is paid or at the request of the creditor’s attorney, the lien and seizure commentaries can be removed, file closure operations can be performed first’

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