EXECUTION AND BANKRUPTCY LAW
There would have been no necessity to enforcement law if members of society would have been stick to their debts as they are stick to their receivables and pay them back at date of maturity without any kind of pressure. Just because debtors are not always faithful to their debts therefore Lawmaker regulated Law of Execution and Bankruptcy Code numbered 2004 with the purpose of to make possible creditors to collect their receivables. Since this is not the case, the legislator has enacted legal regulations in order to ensure the payment of debts that are not paid even though the time for performance has come, in other words, in order to ensure that creditors can obtain their rights. The creditor who cannot collect his/her receivables on time applies to the enforcement organs of the state in order to obtain his/her receivables. If the creditor does not do so, but tries to collect his/her receivable from the debtor by force, this constitutes a “self-execution of right” offence, which is punishable.
Institutions Performing Execution Procedures
The creditor who wants to collect his/her receivables through the state’s enforcement organs applies to the enforcement office. Enforcement offices are one of the main organs of the enforcement organisation. Enforcement offices are staffed by an enforcement manager, deputy enforcement manager, bailiffs and servants. Another principal organ of the enforcement organisation is the enforcement court. In the enforcement court, the enforcement judge serves as a judge in the technical sense. The enforcement court has a single judge and a certain number of enforcement offices are attached to each of the courts within the judicial organisation. Enforcement courts examine and finalise the complaints against the actions of the enforcement offices under their jurisdiction. Enforcement offices perform their duties under the supervision of enforcement courts. In addition to the primary organs of the enforcement organisation, there are also secondary enforcement organs, which have different purposes of establishment but assist the primary organs during the course of enforcement proceedings. General courts, public prosecutor’s offices and law enforcement agencies are among the secondary enforcement organs. For example, a person who claims that he does not owe a debt before or during the enforcement proceedings applies to the general courts to file a negative declaration case against the creditor (Art. 72 BEC). In enforcement proceedings by way of attachment, the enforcement directorate may request the assistance of law enforcement officers by writing to the police station, if it deems it necessary to attach the debtor’s goods upon the request of the creditor.
The payment order to be sent to the debtor, notification, seizure, seizure of immovable property by state force are regulated by legal frameworks.
- Initiation of enforcement proceedings with or without judgement,
- Disputing the debt,
- Opening an action for cancellation of objection,
- Removal of objection,
- Negative determination case,
- Reclamation case,
- Seizure of the debtor’s assets,
- Monetisation of seized goods,
- Initiation of enforcement proceedings for child delivery,
- Eviction of the tenant,
- Follow-up through foreclosure of the pledge,
- Request for bankruptcy,
- Bankruptcy
- Bankruptcy proceedings and concordat,
- All stages such as monetisation are stipulated within the framework of the enforcement and bankruptcy law.
Bankruptcy and Execution Law Attorney and Consultancy
Another issue is the consultancy service in the field of Enforcement and Bankruptcy Law. It is possible to get counselling service from a lawyer on behalf of an execution proceeding to be opened or opened. The person requesting consultancy service can present the contract, bill of exchange (cheque, policy, bond), payment order documents that will be subject to execution. The person who does not have time to come to the office or who is out of town or abroad will be able to apply to the online consultancy service of the lawyer regarding the enforcement and bankruptcy law. Online consultancy service is carried out via video or audio from applications such as WhatsApp, Facebook, Zoom, Skype. If the person who will receive counselling service needs to submit some documents, it will be requested to be sent via e-mail.