Amendments to Execution and Bankruptcy Law and Procedural Law brought about by law No. 7226
1. Amendments to Execution and Bankruptcy Law
With the provisional article 1 of Law No. 7226; the periods regarding the Execution and Bankruptcy Law numbered 2004 and the law of proceeding were stopped until 30.04.2020, including the date of
22.03.2020. The durations will begin to operating from the day following the last day of the stopped time. Periods less than 15 days from the end of the stop period will be considered to have been extended by 15 days starting from the day following the last day of the stop.
With respect to the law of proceeding:
- The tenders that remain within the stop period on the day of sale shall be given a new day of sale and the announcements made in this regard shall be made free of charge and shall not be charged.
- It was decided that the enforcement offices accept the payments consentingly and that the transactions in favor of the other party may be carried out upon the request of one of the parties.
- The results of the concordatum respite were decided to continue during the stop.
2. Amendments Regarding Procedural Law
With respect to the Temporary Article 1 of the Law No. 7226; in order to prevent loss of rights that may arise during the epidemic; all the time periods related to the originating, use and expiration of a right, and the periods granted to parties or assessed by the judge comprised in the laws including the Administrative Judgment Procedure Law No. 2577, the Criminal Procedure Law No. 5271 and the Civil Procedures Law No. 6100 and other procedural provisions; and time periods for applying for mediation and reconciliation have been stopped until 30.04.2020, starting on 13.03.2020. Regarding the suspension time; In case the pandemic continues, the President has been authorised to extend the suspension time once, not to exceed 6 months.
Some periods are excluded in terms of legal periods that stopped. In other words, the periods listed below will not be affected by the suspension decision, and the periods in question are as follows:
- Statute of limitations on crime and punishment, misdemeanor, administrative sanction and imprisonment
- Periods related to protection measures regulated in CMK (capture, arrest and detention, etc.) and
- Deadlines for operations that complete provisional injunction
In addition, the HSK, the Council of State and the Supreme Court Presidents ‘ board and the Ministry of Justice have been authorized to delay the hearings during the standstill.