Execution and Bankruptcy Law
We call the branch of law composed of rules that set up to be fulfilled forcefully by state in the case of natural persons and legal persons do not fulfil the legal responsibilities come up with the relationships between them as Execution and Bankruptcy Law.
The primary aim of law is to provide justice and of course, the realization of this aim is not possible with only setting up rules. It is also necessary to take precautions that will keep people in the layout of law and law sanctions that will be applied in the case of living contrary to these rules. This situation is based on the principle of the superiority of law. Law is the totality of the rules which regulate the life of society and the system composed of with the help of these rules need to be on the top of everything. Confidence in the law might undermine in the eyes of society in the case of situations which are contrary to this system are not corrected. And, this may cause results like chaos instead of layout. Based on the principle of the superiority of law, state authority’s correction of individual’s inappropriate actions by force is vital for the stability of this system. The branch of law which includes methods, conditions and rules of forcibly correction related to the relationships of individuals is Execution and Bankruptcy Law.
Most of conflictions occurred in relationships of individuals that are arranged by Civil Law are the debit and credit disputes. So, it is required to explain that Obligations Law is a branch of Civil Law. Maybe, credit and debit issues are the subjects that can be reached at the most concrete results in terms of confidence that individuals, who form the society, have about law. One of the elements entreated by the rules of Execution and Bankruptcy Law is that realizing actions which are suitable for the law by force in order to prevent injustice and inconclusiveness at the point of relationships of debit and credit of people, such as that person gives start to the execution for debt, adhering to certain rules, in order to get his/her credit and if the indebted person doesn’t still pay his debt, filing a lien adhering to certain rules, again. Based on similar situations with which we often come across in our daily life, we can show the way of applying to the execution for debt to collect a debt as one of the most obvious effects of which law has made to lives of people. Except for some special situations, in the case of realization of illegal conditions related to any of our rights, we request legal protection from courts that are judicial branch by filing for a case. As a result of this request if there are certain conditions, the court does the necessary examination and reaches a decision. If the judgement is a decision, which needs to be implemented, the implementation of this decision is also get in the scope of Execution and Bankruptcy Law.
Execution and Bankruptcy Law realize these implementations by some branches as it is a branch of law that is based on implementations. These branches split up in two as primary and subsidiary branches. Primary branches are debt enforcement offices which are the primary branches in charge of performing transactions of execution for debt; realizing the custody and inspection of debt enforcement offices, execution and bankruptcy courts that are in charge of ruling a case in the scope of Execution and Bankruptcy Law, and offices that are in charge of execution and bankruptcy cases of Chancery. Subsidiary branches are police, public prosecution offices and general courts which help the primary branches to realize the transactions of execution and bankruptcy. The main source of Execution and Bankruptcy Law in our country is Enforcement and Bankruptcy Law numbered 2004 which has first been uncovered in 1932 and has been changed more than 20 times since then.
The Cases of the Withdrawal of Appeal
By representing the authority of the state, the execution office corrects the illegal conditions in which the indebted person doesn’t pay his debt willingly.
There are two pillars of Execution and Bankruptcy Law as execution for debt and bankruptcy tracking. The execution for debt splits in two as enforcement proceeding with judgement and proceeding without judgement in itself. Since enforcement proceeding with judgement means the execution for debt that is opened in accordance with judgement of a court, it can demanded by certain conditions. However, because they will only get money and assurance, the opportunity to apply this method has been tied up to the rules.
Proceeding without judgement splits in there such as tracking through general distrain, pursuance by distrain ad hoc to the bills of exchange and evacuation of leased property by means of proceeding without judgement. The action for annulment of objection take parts in elements of the way of the tracking through general distrains among these ways of follow ups. In comparison with that the oblige give start to the pursuance process in debt enforcement office, that obligor contest for garnishment in time compose the elements of objection that will be cancelled in this case. In the case of realization of this contestation, pursuance process stops and so there are three things can be done by oblige. These are requesting abolition of contest as completely or temporarily from enforcement court within 6 months from the date of notification (Execution and Bankruptcy Law numbered 2004 article 68/68-a), filing for cancellation of objection within 1 year from the date of notification, and in the case of missing these durations, opening the action for performance within the scope of general judgments.
Communicate with the Expert Execution Lawyer
Since transactions that will be done within the scope of Execution and Bankruptcy Law are complicated and depends on certain durations, being able to cause right loss has caused the need for legal help related to the this branch of law. In our law office, we give service for the most accurate solutions of your problems on this issue with our lawyers who are careful, reliable and master.