Due to the rapid spread of the coronavirus (COVID-19) outbreak in our country, some legal periods have been suspended with the Law No. 7226, which entered into force after being published in the Official Gazette dated 26.03.2020 and numbered 31080 in order to prevent the further spread of the epidemic and loss of rights.
Due to the rapid spread of the coronavirus (COVID-19) outbreak in our country, some legal periods have been suspended with the Law No. 7226, which entered into force after being published in the Official Gazette dated 26.03.2020 and numbered 31080, in order to prevent further spread of the epidemic disease and loss of rights.
According to the provisional article 1 of the said law;
1- All periods regarding the birth, use and termination of a right, including the periods for filing a lawsuit, initiating enforcement proceedings, application, complaint, objection, notice, notification, submission and statute of limitations, forfeiture periods and mandatory administrative application periods, have been suspended from 13/03/2020 (including this date) until 30/04/2020 (including this date).
2- The periods specified in the Enforcement and Bankruptcy Law and other laws on enforcement and bankruptcy proceedings and the periods determined by the judges and enforcement and bankruptcy offices within this scope (except for enforcement proceedings regarding alimony receivables), all enforcement and bankruptcy proceedings, parties and proceedings, receipt of new enforcement and bankruptcy proceeding requests, enforcement and execution of precautionary attachment decisions have been suspended from March 22, 2020 (including this date) until April 30, 2020 (including this date).
Running of Periods after the Expiration of the Suspension Period;
These suspended periods start to run from the day following the suspension period. As of the date the suspension period starts, the periods that have 15 days or less left to expire shall be extended by 15 days starting from the day following the day the suspension period ends.
Excluded Periods;
Pursuant to the Law, the statute of limitations regulated in the laws for crimes and punishments, misdemeanors and administrative sanctions, disciplinary imprisonment and pressurization imprisonment, the periods related to the protection measures regulated in the Criminal Procedure Code and the periods related to the procedures that complete the interim injunction regulated in the Civil Procedure Code are excluded from the scope of this article.
Additional Regulations;
In addition, certain measures have also been taken within the scope of the Enforcement and Bankruptcy Law No. 2004 and other laws on the law of enforcement proceedings. Accordingly
In the event that the sale day announced by the enforcement and bankruptcy offices regarding the goods or rights is within the suspension period, the enforcement and bankruptcy offices will give a sale day for these goods or rights without seeking a new request after the suspension period, in this case, the sale announcement will be made only electronically and no fee will be charged for the announcement,
Payments made voluntarily during the standstill period will be accepted, and either party may request that proceedings in favor of the other party be taken
The consequences of the concordat deadline for the creditor and debtor will continue during the suspension period,
It is stated that other necessary measures will be taken to prevent the disruption of execution and bankruptcy services.
In Case of Continuation of the Pandemic;
The Law in question also includes regulations on how the periods will operate after the expiration of the suspension period. Accordingly, if the pandemic continues, the President of the Republic will be able to extend this period for one time, but this period will not exceed 6 months.
Postponement of Hearings;
All other measures to be taken, including the postponement of hearings and negotiations during the trial period, and the relevant procedures and principles will be determined by the relevant Council of Presidents in terms of the Court of Cassation and Council of State, the Council of Judges and Prosecutors in terms of first instance judicial and administrative judicial authorities and regional courts of justice and regional administrative courts, and the Ministry of Justice in terms of justice services.
Presidential Decree on Suspension of Execution and Bankruptcy Proceedings;
Pursuant to Article 330 of the Execution and Bankruptcy Law No. 2004 with the Presidential Decree on the Suspension of Execution and Bankruptcy Proceedings dated March 21, 2020 and numbered 2279
From March 22, 2020 (including this date) until April 30, 2020 (including this date), it has been decided to suspend all enforcement and bankruptcy proceedings being carried out throughout the country, except for enforcement proceedings regarding alimony receivables, and within this framework, it has been decided not to make party and follow-up transactions, not to receive new enforcement and bankruptcy requests, and not to execute and execute precautionary attachment decisions.
EBL 330;
“In the event of an epidemic, a general calamity or war, execution proceedings may be suspended for a certain period of time in favor of a part of the country or some economic groups by the decision of the President of the Republic. “
CONCLUSION
The COVID-19 pandemic is spreading rapidly in Turkey. In order to prevent the coronavirus outbreak and loss of rights, many deadlines in the jurisdiction have been suspended until 30/04/2020 (including this date), with exceptions. The start date of the deadlines will be 01/05/2020. It is important to note that if the pandemic continues, this period may be extended by the President of the Republic for one time only, but this period cannot exceed 6 months. In addition, the periods that have 15 days or less to expire as of the date of the start of the suspension period will be considered extended by 15 days starting from the day following the day the suspension period ends, however, this date will be 15/05/2020.
