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Enforcement Law: Its Importance and Functioning in the Turkish Legal System

In the Turkish legal system, enforcement law emerges as an important area that regulates economic relations and the collection of receivables based on contracts. It functions as a legal mechanism that protects the rights of people operating in this field and enables them to collect their receivables. So, what is enforcement law and how does it work?

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What is Execution Law?

Enforcement law is a branch of law that includes the legal and administrative mechanisms that come into play in order to collect the debtor's receivables. These mechanisms are implemented through enforcement courts and enforcement offices. Among the basic concepts in enforcement law, there are methods such as enforcement proceedings, foreclosure, sale and eviction.

Enforcement law is a continuation of civil law and plays an important role in the collection of debts. The creditor has the right to collect the debt by placing a lien on the debtor's assets. This process is called collecting debt through foreclosure. Enforcement law covers the seizure, sale, collection of debts and enforcement proceedings of movable and immovable properties.

This legal discipline protects the rights of the debtor as well as the rights of the creditors. The debtor has the right to seek legal remedies. Enforcement offices implement legal processes that will ensure the protection of the debtor's rights.

purpose

The purpose of enforcement law is to provide effective procedures for the enforcement of judgments and decisions made by a court or administrative authority. The main aim is to ensure that decisions are implemented without unnecessary delay and expense. This ensures that the rights and obligations arising from legal decisions can be exercised effectively and efficiently.

The Turkish Enforcement and Bankruptcy Law provides a comprehensive legal framework for creditors to enforce their rights against debtors both in Turkish courts and abroad through international cooperation mechanisms such as letters of rogatory letter or recognition of foreign court decisions.

Functioning of Enforcement Law

Enforcement law process begins with the application of the creditor. Upon the application of the creditor, the enforcement office sends a notification to the debtor to initiate enforcement proceedings. After the enforcement proceedings are initiated, steps such as foreclosure and sale of the debtor's assets come into play. This process is carried out by the executive directorate or enforcement offices. If the debtor does not pay the debt within the period determined by the creditor, the relevant assets are put up for sale.

We can summarize the processes in enforcement law as follows:

  • 1-) Initiating Enforcement Follow-up: Enforcement law practice begins with a request by the creditor to initiate enforcement proceedings. The creditor must apply to the enforcement office to collect his receivables. The enforcement office will direct you to the relevant enforcement offices depending on the amount of the claim and where it will be applied.
  • 2-) Notification of Enforcement Follow-up: After the enforcement proceedings are initiated, the enforcement offices send a notification to the debtor to initiate the enforcement proceedings. This notice includes information such as the amount of the receivable, the reason, the interest rate, and the identity of the creditor. In addition, the debtor is given a certain period of time to pay. If the debtor is able to pay his debt within this period, the enforcement proceedings are stopped.
  • 3-) Foreclosure Procedure: In case of non-payment by the debtor, enforcement proceedings continue and foreclosure is applied by the enforcement offices. A lien means the freezing of goods for a certain period of time in order to make payments from the debtor's assets to the creditor. The foreclosure process can be applied on movable and immovable properties. While the seizure of immovable goods is registered in the land registry, the seizure of movable goods is also registered.
  • 4-) Sales Transaction: After the foreclosure, the enforcement offices make a sale transaction in order to bring the debtor's assets to the creditor. Enforcement offices put the seized movable or immovable properties out to tender within a certain period of time and sell them to the highest bidder. The income obtained after the sale is paid to the creditor and the debt is collected.
  • 5-) Evacuation Procedure: During the enforcement proceedings, if the debtor uses an immovable property, the creditor may request an eviction. In this case, the enforcement offices take the necessary actions for the debtor to evacuate the immovable. Evacuation means that the debtor discharges the immovable and delivers it to the creditor.

Enforcement law operation consists of these basic steps. Each stage is carried out in accordance with legal processes and provides the creditor with the opportunity to collect his/her right. In this process, the debtor also has the opportunity to exercise his rights legally and there are legal defenses he can apply.

Importance of Enforcement Law

Enforcement law is of great importance in terms of ensuring economic balance and regulating commercial relations. It enables creditors to collect their receivables, thus preventing the interruption of economic activities. In addition, enforcement law also protects the rights of debtors. While it ensures that the creditor collects its receivables within a reasonable time, it also provides legal assurance on the limitations to be applied to the debtor's assets.

Conclusion

Enforcement law is a branch of law that plays an important role in the Turkish legal system. While protecting the rights of creditors, it also protects the rights of debtors. In this way, it contributes to the establishment of economic balance and the regulation of trade relations. By understanding the operation and process of enforcement law, individuals can follow their claims more effectively and protect their rights.

I hope this blog post has helped you by providing basic information about enforcement law.

Current Articles

Question answer

  • Can the debtor's spouse be seized?
  • If the Borrower Dies in Enforcement Proceedings What Happens?
  • Non Seizable Goods Methods
  • How to enforce a check is given?
  • What goods can be bought if the house is foreclosed?
  • What can be done if the debtor has no registered property?
  • What are the rights of the creditor?
  • What is Execution Proceedings with Judgment? Means?
  • How to Follow-up with Judgment? Makes?

petitions

  • Asset inquiry request petition - 2 - 3 - 4 - 5 - 6
  • grace certificate presentation
  • Address to the bank dont ask - 2
  • Judicial Counseling in Enforcement Proceedings request
  • Complaint of False Declaration of Goods Petition
  • Sale of Preserved Goods request
  • Debt and Signature in Enforcement Follow-up Objection - 2
  • Family Residence Non-Seizable objection
  • Salary Foreclosure instruction
  • Conserved Lien request
  • Execution File Renewal request - 2 - 3
  • Return of Execution of Mortgage Revenue request
  • Application to the Execution Office of the Creditor after the Partial Cancellation of the Proceedings Petition
  • Due to Unfair Objection to the First Lien Notice Complaint
  • Reply to the Bankruptcy Office Petition
  • Pledge Deficit Document from the Enforcement Office request
  • Trustee's Fee Petition for Release to the Public
  • Postponement of Execution Petition
  • Request for Re-Sale Day
  • Execution Proceedings About the Deceased Person Objection
  • Cancellation of Proceedings Due to Bankruptcy Postponement Decision request
  • Writ of Mortgage Lender Example
  • Direct Bankruptcy Due to Insolvency request
  • Annual Injunction request
  • Action for Negative Determination Against the Notice of Foreclosure Notice
  • Cancellation of Enforcement Proceedings Due to Payment Request/Complaint
  • To the Enforcement Office of the Decision of Removal of the Precautionary Securities submission
  • Execution of the Notice of Cancellation of the Objection request
  • Insurance Company Cancellation of Objection Lawsuit Petition
  • Asking the Bank for the Amount of the Pledged Property memorandum
  • Asking the Bank for Pledge on the Vehicle memorandum
  • Asking a Pledged Debt from the Bank Petition
  • Request for Bankruptcy after Rejection of Concordat Petition
  • Postal Fate Inquiry to Enforcement request - 2
  • Enforcement Notification List Preparation
  • Enforcement Inquiry Request Petition
  • Objection to Third Party Notification of Seizure Petition
  • Complaint to Enforcement Regarding Exemption from Fees Petition
  • Complaint for the Crime of Not Surrendering the Child Petition
  • Waiver of Execution and Return of the Czech Original Petition
  • Cancellation of Objection in Personal Accident Insurance Petition
  • Execution Waiver Petition Example
  • Inadvertently Opened Tracking Waiver Petition
  • Requesting Bankruptcy of the Debtor Petition
  • Complaint for Violation of Execution Commitment Petition - 2
  • Objection Against Foreclosure Against Paid Debt Example
  • Objection to the Notification Paper of the Seizure to Third Parties Petition
  • Lien on Traffic Records Petition
  • Lien Gap Certificate Petition
  • Lien Gap Certificate Example
  • Bad Check Complaint Petition - 2 - 3
  • Objection to the Bill of Exchange Petition
  • Don't Ask the Debtor about the Inheritance memorandum
  • Foreclosure of Shares That Have Not Been Transferred Yet request
  • Follow-up payment order without judgment example
  • Bank File Expense Recovery Petition
  • Call for auction in the sale of movable property from enforcement example
  • Debt assignment agreement example
  • Notification List Example
  • Objection to the Decision of the Executive Criminal Court Petition
  • Intervention in Bankruptcy Postponement Case Petition
  • Petition for Reply to the Wage Seizure Written by the Executioner Example - 2 - 3 - 4
  • Czech preliminary injunction request petition
  • Removal of Objection to Signature - Petition for Final Removal of Objection Example
  • Bank Bounced Check Fee Request Petition
  • Execution Letter to the Personnel Reply
  • Incapable Document request
  • Request for Notification with Blue Envelope(TK 21-2)
  • Right to Imprisonment Due to Rent Receivable request
  • Consented Salary Seizure Memorandum Example
  • Alimony Receivable Salary Garnishment memorandum
  • Response to Appeal Article 5 of the Check Law Petition
  • Appeal To Ordinary Partnership Ilamsiz Enforcement Proceedings Petition
  • Case for Cancellation of Execution Proceedings Without Judgment Due to Redemption Petition - 2
  • Notification According to the Notification Law 21 request
  • Notification Request According to Notification Law 35 Petition - 2
  • Notification of Execution Payment Order to New Address request
  • Reissue of Payment Order request
  • Complaint for Non-Payment of Alimony Debt Petition
  • Complaint Executive Manager Action Petition
  • Waiver of Breach of Commitment Complaint Petition
  • Breach of Commitment Complaint Petition
  • Eviction Case before the Enforcement Court Due to Non-Payment of Rent Petition
  • Investigation of the Debtor's Address request
  • Vehicle Attack Request Petition
  • Renewal of Vehicle Seizure request
  • Vehicle Storage Request Petition
  • Sending Balance Debt Memorandum/File Account to the Debtor request
  • Retirement Bonus and Salary Foreclosure request - 2 - 3
  • 103 Foreclosure Invitation Paper Request Petition
  • Request for Removal of Seizure on Enforcement File Petition
  • Requesting Information in accordance with EIB Article 100 request - 2
  • Entitlement Claim Made After Seizure Petition - 2 - 3 - 4
  • Receivable Record in Case of Concordat request
  • Suspension of Salary Foreclosure request
  • Surrender of a Child through Enforcement-Personal Relationship request
  • Valuation of Real Estate in Execution File request
  • File Closing Due to Enforcement Payment request
  • Waiver of Enforcement Penalty Objection Petition
  • Vehicle lien to the Enforcement Office outside the city instructions
  • Objection to Entitlement Claim in Ship Receivable Enforcement Proceedings Petition
  • 89-1 Foreclosure memorandum - 2 - 3 - 4 - 5
  • Mortgage Immovable Information Request Written Example
  • Warrant from Enforcement File to Land Registry Example
  • Seizure Warrant for Prison Work Dormitory Example
  • 3rd Person Employer Personal Salary Securities Example - 2 - 3 - 4
  • Market Operation Salary Foreclosure Written Example
  • Answer to the salary warrant Petition - 2
  • Hand-Traced Warrant to be Written on the Land Registry Example
  • Execution Seizure Warrant Request – With Bank Cap Accounts Together - 2 - 3
  • Acceleration for Execution Payment Order objection
  • Conversion of Mortgage into Money Memorandum request
  • 89-1 Seizure Warrant from the Enforcement Office Objection - 2
  • Seizure Warrant to be Sent to Akbank envelope
  • Requesting Debtor ID and Address from Apartment Management request
  • Request for Removal of Seizure Due to Reluctance to Sell for 2 Years Petition
  • Partial Objection to Debt Petition - 2 - 3
  • Enforcement Proceedings, Wage Garnishment Order Asking Petition
  • 100 Article Benefit Request for Vehicle Example - 2
  • Requesting Identity Information of Debtors and Shareholders from the Population memorandum
  • Irregular Notification Complaint Petition - 2 - 3
  • Complaining about a Company That Does Not Respond to the Warrant request
  • Czech Criminal Jurisdiction Objection Petition
  • Complaint about Using Free Promissory Notes Petition
  • Enforcement Proceedings, Return of Collateral request
  • Delayed Objection to Enforcement Proceedings Petition - 2
  • 1st Seizure Notice to the Bank Example
  • Stock Foreclosure request - 2
  • Delivery to Trustee request
  • Preservation of Goods request
  • Mobile Sales request
  • Change in Check Consent
  • Postponement of Execution with Certificate of Time request
  • Objection to Execution Proceedings Without Judgment Petition - 2
  • Debt Relief Case Petition
  • Counting the Bill whose signature has been acknowledged as EİK 68 Certificate request
  • Petition for Final Removal of Objection Example
  • Directing Enforcement Proceedings to Debtors request
  • Removal of Warrants request
  • Termination of Tender Answer Petition
  • Complaint about Smuggling of Goods from Seizure Site Petition
  • Referral of the Case to the Bankruptcy Office request
  • Cash Fee Dekenar Example
  • Learning the Tax Number of the Debtor's Employer during Enforcement request
  • Certificate of Authorization from Enforcement to Obtain a Certificate of Inheritance request
  • Execution Commitment Example - 2 - 3 - 4
  • Objection to the Valuation Appraisal of the House Petition
  • Cancellation of Execution with Judgment Petition - 2
  • MTS Debt Appeal Petition
  • bounced check appeal petition
  • Seizure of Excessive Salary Deducted by the Enforcement Office Refund
  • Execution power of attorney difference receivable demand
  • Lien Request to Tax Office memorandum
  • To the Commercial Court of the Execution Office for Return of Guarantee memorandum
  • Bond cancellation lawsuit petition - 2
  • in a check complaint defense
  • Request for Implementation of Precautionary Seizure Petition
  • With the objection pending def.
  • Enforcement of Defective Denial of Inheritance Notification
  • How to Receive Balance in File to Trustee It is asked?
  • How To Increase With The Consent Of Spouse In The Surety Agreement Makes?
  • Withdrawal to a Bank That Doesn't Provide Identity Information Write
  • Transferring the Receivables from a Third Party to the File request
  • Determination of Sales Method request
  • Appeal Where the Bill of Exchange is Valid objection
  • Fee Deduction Petition Example
  • Requesting Payment from the Bankruptcy Estate To make
  • Flood Foreclosure Petition
  • Penalty for Declaring Assets lowering
  • blank promissory note example
  • Leaving the Enforcement File Unprosecuted instruction
  • Cover Account and Foreclosure After Execution and Finalization request
  • Regarding Check Cancellation Pink slip
  • Payment Order Sample No: 11 – Payment Following Bankruptcy Name
  • Objection to the Order Table Petition
  • Cancellation of the Bond lawsuit
  • Alimony Penalty After Cancellation of Objection to Alimony lawsuit
  • Notification of Sales Advance Deposit Statement
  • Response to Enforcement Criminal Court Appeal Petition
  • Reply To The Case Of The Appeal Petition
  • Objection to First Lien Notice Petition
  • Pension Seizure abolition
  • Termination of the Concordat request
  • Salary Lien Petition
  • Worker Receivable Payment Order Expert Report in the Enforcement File Declaration
  • Removing the Objection to the Check request
  • Intentional Loss of the Creditor of the Commercial Entity Manager to give up
  • Continuation of Enforcement Proceedings request
  • Complaint from the Enforcement File for Abuse of Guard Duty Petition
  • Issuing a Bill with a Fake Name, Complaint to the Prosecutor's Office Petition
  • Residence Claim (Objection to House Seizure) Case Petition
  • Execution Officer Due to Failure to Issue Certificate of Insolvency Complaint
  • Objection to Seizure on the Mosque Complaint Petition
  • Not Deleting the Interest After External Collection Complaint
  • Removal of the concordat period demand
  • Article 100 Confirmation request
  • Enforcement Complaint Response Response Petition
  • Execution Commitment in Euro Example
  • Removal of Objection and Bankruptcy Case Petition - 2
  • Trustee Change Petition Example
  • Bounced Check Appeal Petition
  • Debt Objection and Complaint Are the Same Petition
  • Requesting Money from the Bank request
  • To reduce its assets with the intention of harming its creditor complaint
  • Adding a Receivable Item to Enforcement Proceedings request
  • Village Legal Entity Seizure, Execution Procedure Complaint
  • Execution Release Example
  • Executive Authority objection - 2
  • Violation of Commitment Objection - 2
  • Repayment Order to Debtor Released from Prison Sending
  • Check External Collection Statement
  • Address Research for GSM Company memorandum
  • Inviting Creditors in Simple Liquidation posting
  • Objection to the Decision to Postpone Bankruptcy Petition
  • Violation of Payment Terms Complaint Petition
  • Removal of the Seizure of the Creditor Who Does Not Dismiss the Claim of Entitlement Within 7 Days request
  • Convicted Guardian Inquiry in Execution File Petition
  • Closing the Execution File for VAT Withholding Withholding Payment Enforcement request
  • Second Lien Notice request
  • Granting Sales Authorization to the Debtor with Consent request

Technical information

  • Mandatory Elements of the Promissory Note Methods
  • If 2 Different Wage Garnishments Are Notified to the Employer on the Same Day What Happens?
  • Termination of the tender results
  • Enforcement follow-up and ways
  • After the finalized execution proceeding procedure
  • pull elements
  • using a check benefits
  • Commercial Business Pledge coverage
  • Enforcement law definitions
  • Vacation and Suspension in Execution their state
  • How to Foreclose Makes?
  • Wage Garnishment Participation
  • Between Movable and Immovable Sale Differences
  • What is Return of Execution and How? Makes?
  • Enforcement of Mortgaged Real Estate sale
  • With Pledge Deficit Certificate Follow-up
  • Absentee of the Mortgage Creditor To have
  • Compensation from Unjust Injunction lawsuit
  • What Does Surety Agreement Mean? Conditions Methods
  • Execution with Judgment through UYAP tracking
  • For the Sake of Performance For the Sake of the Debt I e
  • Nature of the Check Issued and Issued During Follow-Up What Is It?
  • It has been 6 months since I paid the vehicle capture advance payment, the vehicle has still not been captured, what should I do? need?
  • Sending a Notice to the Debtor Himself in Proceedings of Execution with Writ Is it necessary?
  • Fee for Enforcement File After Cancellation of Objection Is it necessary?
  • Debtor and Creditor from Execution to Sale Tender Can I Join?
  • How to Pay Advance Interest on Bonds? Can I calculate?
  • It is Possible to be Tried in Enforcement Proceedings All Way
  • How to Follow Up on Enforcement After the Removal of the Objection? To be continued?
  • 89/1 – Presentation of Undue Checks and Promissory Notes by Third Parties Is it necessary?
  • 89-1 Seizure Notice is a Beautiful Anecdote

Worksheets

Supreme Court Decisions

  • Acknowledgment of signature and removal of objection case
  • Collection fee in case of payment without notification of payment order not taken
  • If the debtor has only objected to jurisdiction, the authority to remove this objection belongs exclusively to the enforcement court. belongs to
  • After the payments made by the plaintiff are followed up, it is accepted that the plaintiff, who is the follow-up creditor, is unfair and malicious in his pursuit of alimony. can not be
  • The Debt of the Third Person Due to the Result of the Notice of Foreclosure Must
  • Foreclosure on Unborn Receivables with a Notice of Foreclosure cannot be put
  • Foreclosure Notice for Cooperative Fee Income Cannot be sent
  • The Borrower Cannot Participate in the Tender and Tender Himself can't be done
  • Retirement bonus, severance and notice pay are not with a seizure warrant but with an 89/1 warrant. may be asked
  • It is Possible to Seizure a Right Possibly Originating in OYAK is not
  • After the Supreme Court Reversed the Decision, Continuation was Made by Adding to the Judicial Proceedings from the Same File can be
  • Will to Object to Objection to Proceeding Must be found
  • Authority of the Enforcement Court to Interpret the Decision to be Executed none
  • Notification to the Attorney in the Works Followed by a Proxy Must
  • The Person Who Has Not Received the Payment Despite the Place of Deposit Has Been Determined Payee
  • Reduction of Seizures Pursuant to İİK 106 request - 2
  • Confession Received Under Seizure Pressure is invalid
  • Cash Payment Made by the Debtor to the Creditor's Lawyer Valid
  • The beneficiary section of the bill is left open and handed over to someone else. It is possible
  • Calculation of Enforcement Denial Compensation in Foreign Currency What is a Memoir?
  • How to Make a False Promissory Note Made for the Purpose of Smuggling Goods? Canceled?
  • What is the Memorandum Written to OYAK? Result?
  • After the Finalization of the Enforcement Proceedings, the Debtor's Death
  • Initiating Enforcement Proceedings against a Dead Person Supreme Court of Appeals decision
  • The moment when it should be known that the check is free of charge is when the check is taken over. is the moment
  • In Which Periods Can the Promise of Sale Creditor Demand the Release of the Seizure? Can?
  • Complaint about the seizure of unborn rights process
  • 3rd Person Requests Removal of Seizure via Complaint may want
  • Notification of Seizure, Rights That Will Arise in the Future and credit
  • Violation of the Order Leads to Indefinite Complaint Of course
  • 89/1′ Reporting an Undue Promissory Note While Responding Is it necessary?
  • According to EBL 21/2 Notification
  • E-Signed Photocopy Written in Enforcement Follow-up with Writ Is It Available?
  • Fund in Private Pension Savings and Investment System Seizure
  • Table for Opposite Attorney Fees account
  • Gratuitous Sharing in the Opposite Attorney's Fee Availability
  • Lawyer's Opposite Power of Attorney Execution Proceedings Have Priority in the Schedule will take
  • Statute of Limitations for Sedition Case 1 years
  • Interim Decision of Personal Opinion, but Subject to Prosecution Without Judgment can be - 2 - 3
  • Exception in which the Appeal Stays the Execution of the Decision Haller
  • Notification must first be sent to the known address of the debtor. Must be removed
  • Acceptance of Precautionary Injunction as Precautionary Seizure in the Rank Chart It is wrong
  • The Law of Peace, which rejects the request for the cancellation of the İİK 121 affiliate, out of legal interest. Court
  • Izale-i süyu to be opened with the authority obtained according to EBL 121 case
  • Invitation of the Parties to the Oral Trial, Where the Investigation is Completed Must
  • Legal Elements of Check – Trade Attendant
  • Enforcement Court The Execution Part of the Written cannot interpret
  • Irregular Notification Supreme Court decision
  • Enforcement court lack of jurisdiction Can he give?
  • HGK Detailed – Complaint Petition Procedure debate
  • Suspension of Execution if the Redemption Objection is Accepted Decided
  • The Payment Made by the Debtor After Enforcement Proceedings is First Offset with Interest and Expenses welcome
  • Something that is not the subject of a lawsuit in the Enforcement Court is included in the lawsuit through reform Can't be done
  • Correctional Institution in Enforcement Court Objection Case Not applicable
  • Legal in the Sale of Seized Real Estate Benefit
  • When the plaintiff learns that there is an objection to his enforcement proceedings, he means that he has fully learned the content of the objection. does not show
  • Negative Response by the Bank to the Request for Address Search of the Enforcement Directorate on the Ground of Personal Data Cannot be given

About the Author: Lawyer Saim İncekaş

Saim İncekaş is a lawyer registered with Adana Bar Association. He has been working at İncekaş Law Firm, which he founded, based in Adana, since 2016. After completing his law education with a master's degree, he carried out many different studies in this field. He is an expert in areas such as family law, divorce, custody cases, children's rights, criminal cases, commercial disputes, real estate, inheritance and labor law. Saim İncekaş is actively involved not only in the Adana Bar Association, but also in associations and organizations such as the European Lawyers Association, the Union of Turkish Bar Associations and Access to the Right to a Fair Trial. In this way, it takes part in many studies aimed at increasing awareness of the universality of law and confidence in the legal system. Contact Us Now via WhatsApp for an Appointment and Preliminary Meeting

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