T.C. Supreme Court 20. Legal Department<\/p>\n
Principal No: 2017\/9857 Decision No: 2017\/9650 Decision Date: 20.11.2017<\/p>\n
CASE FOR OBJECTION TO THE DISCRETION OF THE ASSET \u2013 THE GOODS BY INSTRUCTION
\nLOCATION RELATED TO THE FORECLOSURE MADE BY THE ENFORCEMENT DIRECTORATE
\nTHE ENFORCEMENT OFFICE IS CONNECTED TO THE FORECLOSURE IN THE COMPLAINTS
\nTHE REQUIREMENT TO OBSERVE THAT THE EXECUTION COURT IS COMPETENT<\/p>\n
Summary: if the goods to be confiscated are elsewhere, the place of execution where the goods are located by instruction
\nthe Executive Office which makes the foreclosure in the complaints about the foreclosure made by the Directorate is connected to the execution
\nit will be examined by the court. For this reason, asset appreciation is done through instruction.
\nas the jurisdiction of the execution court, where the Enforcement office is affiliated with the Enforcement office, which imposes the objections related to
\nmust be determined.
\n(2004 p. K. m. 4, 79,128 \/ A)
\nIn the case between the parties … Enforcement Law and … 11. Jurisdiction separately by Enforcement Law Courts
\nfinal decision on file due to the decision of the District Court Courts to start operation
\nthe courts that remain around the jurisdiction of two different district courts, if later granted
\nthe decision to be mutually authoritarian and the Law No. 5235 36\/3. pursuant
\nThe judicial jurisdiction within the jurisdiction of the regional courts courts of Law Offices is the first.
\njurisdiction since degrees resolve disputes of authority and duty between law courts
\nall documents in the file sent to determine the location were examined, considered necessary:
\nThe case relates to the objection to the discretion of the asset.
\n… By The Court Of Execution; … 5. The Executive Office has written to the Executive Office on 12\/07\/2016 …
\nin order to be the basis for the sale of the vehicle which is kept exclusively in the District …
\ntransaction facility in accordance with the instructions of the Enforcement Agency.
\nwhere, in this form of demand with the debtor’s Securities and real estate goods 3. rights in Persons and
\nin the direction of the seizure of the receivables and the general nature of a certain property is not the point that wants the seizure
\nthe decision was made on the grounds that it was written in its format.
\n\u2026 11. The court of execution is concerned with the discretion of the asset in accordance with Article 128\/a-1 of the ICJ.
\nto make the complaint to the execution court where the execution office which makes the appreciation of the value is attached
\nas required, the appreciation of the asset … is made from the file of the Executive Office’s directive 2016\/89
\nit is understood that the competent court … is the executive Court to which the Executive Directorate is affiliated .
\nthe decision was made on grounds of incompetence.
\n2004 No. 4\/1 of the ICJ. article ” … made against the treatment of the executive and Bankruptcy departments
\nexamination of complaints and objections the judge of the executive Court or this duty in accordance with the law himself
\ngiven is done by the judge\u2026\u201d
\n79 Of The Same Law. in the article, ” The Enforcement Agency finally makes the foreclosure within three days of the request.
\nIf the goods to be confiscated are elsewhere, the Enforcement office of the place where the goods are to be foreclosed
\nhe writes right away. In this case, the complaints about foreclosure, the execution of the execution office subject to the subject
\nit shall be resolved by the court…\u201d
\nAs can be understood from the aforementioned legal regulations, execution follow-up is done by which execution Directorate.
\nappeals and complaints about the follow-up where the follow-up is carried out the execution to which the Executive Directorate is affiliated
\nit’ll be settled in court. However, if the goods to be confiscated are elsewhere, the goods are subject to instruction.
\nthe place where the Enforcement Directorate of foreclosure complaints related to the foreclosure of the execution Department connected
\nit is examined by the execution court.
\nIn the concrete case, the appreciation of the asset is done by the Executive Director, through the instruction, the appreciation of the asset.
\nauthority to review objections to … 11. It belongs to the court of execution.
\nConclusion: for the reasons described above; HMK No. 6100 21 and 22. according to Articles 11. Execution
\nUnanimous decision on 20\/11\/2017 to determine the jurisdiction of the court
\nall I was given.<\/p>\n","protected":false},"excerpt":{"rendered":"
T.C. Supreme Court 20. Legal Department Principal No: 2017\/9857 Decision No: 2017\/9650 Decision Date: 20.11.2017 CASE FOR OBJECTION TO THE DISCRETION OF THE ASSET \u2013 THE GOODS BY INSTRUCTION LOCATION RELATED TO THE FORECLOSURE MADE BY THE ENFORCEMENT DIRECTORATE THE ENFORCEMENT OFFICE IS CONNECTED TO…<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[217,223,296,218],"yoast_head":"\n