Law On Amendments To The Law On Enforcement And Bankruptcy And Some Other Laws
With the Official Gazette dated 5 April 2023 and numbered 32154, the Law on Amendments to the Enforcement and Bankruptcy Law and Certain Laws was adopted and entered into force. The amendments adopted by this Law are as follows:
With the Official Gazette dated 5 April 2023 and numbered 32154, the Law on Amendments to the Enforcement and Bankruptcy Law and Certain Laws was adopted and entered into force. The amendments adopted by this Law are as follows:
- Article 79 of the Enforcement and Bankruptcy Law No. 2004 has been added with the title of "seizure at the residence" to come after Article 79; If the execution manager determines that the place where the seizure is requested is a residence, the execution manager shall decide to seize at this place and immediately submit this decision to the approval of the execution court.
- Article 82 of the Law No. 2004, subparagraph (3) of the first paragraph has been amended as "personal belongings of individuals and all household goods that serve the common use of the family".
- In the first paragraph of Article 85 of the Law No. 2004 regarding the attachment of movable and immovable property, the rule that attachment cannot be made in a way to exceed the amount of the receivable has been introduced.
- The second sentence of the first paragraph of Article 65 of the Attorneyship Law No. 1136 has been amended as follows: "No bar association fee shall be collected for the first five years of the profession.".
- In the third paragraph of Article 437 of the Turkish Civil Code No. 4721, titled "RESTRICTION OF FREEDOM FOR THE PURPOSE OF PROTECTION", the phrase with a wide discretionary power as "the judge listens to the person concerned and decides without delay" has been amended and it has been stipulated that the judge shall decide within 2 days at the latest.
- The minimum penalty limit for the offence of smuggling of migrants under Article 79 of the Turkish Penal Code No. 5237 has been increased from three years to five years.
- In the Law No. 5275 on the Execution of Criminal and Security Measures, the provision "Postponement of the execution of the sentence of the female convict due to the illness of her child" has been added after Article 16.
- The monetary limit in the second paragraph of Article 4 of the Turkish Commercial Code No. 6102, which stipulates that simple trial procedure shall be applied in commercial cases whose amount and value do not exceed 500 thousand Turkish Liras, has been amended as one million Turkish Liras.
- In the Turkish Commercial Code No. 6102, in addition to the types of lawsuits for which mediation is required as a condition of litigation, such as receivables and damages, cancellation of objection, negative assessment and reclamation lawsuits have been added in the first paragraph of Article 5/A of the Turkish Commercial Code No. 6102 to enter into force on 1/9/2023.
- Article 79 of the Enforcement and Bankruptcy Law No. 2004 has been added with the title of "seizure at the residence" to come after Article 79; If the execution manager determines that the place where the seizure is requested is a residence, the execution manager shall decide to seize at this place and immediately submit this decision to the approval of the execution court.
- Article 82 of the Law No. 2004, subparagraph (3) of the first paragraph has been amended as "personal belongings of individuals and all household goods that serve the common use of the family".
- In the first paragraph of Article 85 of the Law No. 2004 regarding the attachment of movable and immovable property, the rule that attachment cannot be made in a way to exceed the amount of the receivable has been introduced.
- The second sentence of the first paragraph of Article 65 of the Attorneyship Law No. 1136 has been amended as follows: "No bar association fee shall be collected for the first five years of the profession.".
- In the third paragraph of Article 437 of the Turkish Civil Code No. 4721, titled "RESTRICTION OF FREEDOM FOR THE PURPOSE OF PROTECTION", the phrase with a wide discretionary power as "the judge listens to the person concerned and decides without delay" has been amended and it has been stipulated that the judge shall decide within 2 days at the latest.
- The minimum penalty limit for the offence of smuggling of migrants under Article 79 of the Turkish Penal Code No. 5237 has been increased from three years to five years.
- In the Law No. 5275 on the Execution of Criminal and Security Measures, the provision "Postponement of the execution of the sentence of the female convict due to the illness of her child" has been added after Article 16.
- The monetary limit in the second paragraph of Article 4 of the Turkish Commercial Code No. 6102, which stipulates that simple trial procedure shall be applied in commercial cases whose amount and value do not exceed 500 thousand Turkish Liras, has been amended as one million Turkish Liras.
- In the Turkish Commercial Code No. 6102, in addition to the types of lawsuits for which mediation is required as a condition of litigation, such as receivables and damages, cancellation of objection, negative assessment and reclamation lawsuits have been added in the first paragraph of Article 5/A of the Turkish Commercial Code No. 6102 to enter into force on 1/9/2023.