Summary:

Upon execution follow-up initiated by the creditor against the debtor through the lien of foreign exchange bonds, the third party bank acting complainant, in execution follow-up made against the debtor; the account movements of the debtor …a requested from the client Bank of the Banking Law 73. article 367 of the executive Bankruptcy Act.it is understood that the court has decided to accept the complaint when it requests the cancellation of the documents sent by the execution Directorate on the pretense that it is the nature of the client’s secret within the scope of the article.

Iik’s 367. in accordance with the provisions of this article, any person who is genuine and competent is obliged to give immediately all the information that the execution or bankruptcy offices will ask for regarding the existence of the debtor and, upon request, to hand over the existence to these offices.

73 Of The Banking Code. in accordance with the article, “the chairman and members of the board and the personnel of the institution, the Chairman and members of the Fund Board and the personnel of the Fund may not disclose the secrets of their subsidiaries, affiliates, jointly controlled partnerships and clients that they have learned during their duties to anyone other than those authorized under this law and The persons and organizations for which the institution receives external support services and their employees are also subject to this provision. This obligation continues after leaving office.”

These restrictions in the law prevent members of the banks and other officials from disclosing the secrets of the banks and their customers, which they learn because of their attributes, discreetly and arbitrarily, and affect forced execution as a restriction is not included in the said article does not cover forced execution.

T.C.
Supreme
12. Legal Department

Principal No: 2015/33017
Decision No: 2016/10595
K. Date: 11.4.2016

Court: Khanak Executive Law Court
Plaintiff: third person: Yapı ve Kredi Bank A.P.

After hearing the report prepared by the audit judge for the case file and reading and reviewing all documents in the file, the work requirement was discussed and considered after the court decision with the date and number listed above was requested by the creditor.:

Upon execution follow-up initiated by the creditor against the debtor through the lien of foreign exchange bonds, the third party bank acting complainant, in execution follow-up made against the debtor; the account movements of the debtor …a requested from the client Bank of the Banking Law 73. article 367 of the executive Bankruptcy Act.it is understood that the court has decided to accept the complaint when it requests the cancellation of the documents sent by the execution Directorate on the pretense that it is the nature of the client’s secret within the scope of the article.

Iik’s 367. in accordance with the provisions of this article, any person who is genuine and competent is obliged to give immediately all the information that the execution or bankruptcy offices will ask for regarding the existence of the debtor and, upon request, to hand over the existence to these offices.

73 Of The Banking Code. in accordance with the article, “the chairman and members of the board and the personnel of the institution, the Chairman and members of the Fund Board and the personnel of the Fund may not disclose the secrets of their subsidiaries, affiliates, jointly controlled partnerships and clients that they have learned during their duties to anyone other than those authorized under this law and The persons and organizations for which the institution receives external support services and their employees are also subject to this provision. This obligation continues after leaving office.”

These restrictions in the law prevent members of the banks and other officials from disclosing the secrets of the banks and their customers, which they learn because of their attributes, discreetly and arbitrarily, and affect forced execution as a restriction is not included in the said article does not cover forced execution.

In that case, while the court should decide to reject the request of the complaining Bank, the provision for its acceptance on Written grounds is inconclusive.

Conclusion: 366 of iik and 428 of Humk for reasons written above, with the acceptance of the appeal appeals of the creditor and the court decision. in accordance with its articles (deterioration), a unanimous decision was made on 11.04.2016 to return the mortar received in advance upon request, with the way of Correction of the decision being clear within 10 days of the notification of the decree.