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The prohibition against seizing state properties is a matter of public order, so…
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On İki Levha Yayıncılık
Yayın tarihi: Şubat 2025
Sayfa: 3030 - 3039
On İki Levha Yayıncılık
Yayın tarihi: Şubat 2025
Sayfa: 3030 - 3039
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Ticen Azize Özraşit
Editör:Sema Taşpınar Ayvaz, Emel Hanağası
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2.2.Entirely Non-Seizable Assets and Rights as per Article 82 of the Execution and Bankruptcy Law
It is crucial to note that this rule prohibits the ‘seizure’ process. Thus, there…
The reason why state properties cannot be seized is articulated in the Decision of…
Assets that are part of the general and special budget of administrative units are…
However, assets of regulatory and supervisory public institutions, social security…
According to the Supreme Court, the mere mention in special laws that an establishment…
For instance, according to Article 15/6 of the Municipal Law; revenues obtained by…
Similarly, according to Article 7 of the Special Provincial Administration Law; revenues…
Whether a municipality’s or a Special Provincial Administration’s asset is non-seizable…
According to a decision of the 12th Civil Chamber of the Court of Cassation dated…
Common assets of villages cannot be seized either. According to Article 8 of the…
According to the Supreme Court, the common assets of a village encompass all movable…
Article 82/1-2 of the Execution and Bankruptcy Law stipulates that items essential…
The key factor here is that the debtor’s economic activity relies on physical labor.…
However, if the capital outweighs personal effort, it implies a business operation,…
Even though it is stated that items essential for the debtor’s profession cannot…
According to Article 82/1-3 of the Execution and Bankruptcy Law, items essential…
However, items with high value, easy to preserve and sell, such as televisions and…
There is considerable criticism in doctrine regarding the Supreme Court’s decision…
If the debtor has two refrigerators or washing machines in their house, one of them…
“For example, the ‘Show’ brand tubed television seized should be left to the debtor, and instead, the ‘Vestel’ brand LCD television, which serves the same purpose, has a higher value and is easier to sell, should be seized. Similarly, the ‘Casper’ brand tubed computer and its case should be left to the debtor, and the ‘Exper’ brand computer case and LCD computer monitor should be seized. Moreover, non-essential items like the ‘Goodmen’ brand treadmill, ‘HP’ brand printer, ‘Canon’ brand photocopier are correctly subject to seizure...(33)…
According to the Supreme Court, items necessary to maintain a modest standard of…
As long as the value of the essential item is not excessively high, a complaint regarding…
Finally, valuable items such as money, negotiable instruments, gold, silver, precious…
If the debtor is a farmer, essential items for their and their family’s sustenance,…
Whether a tractor is suitable for the debtor’s condition is determined based on the…
According to the Supreme Court, the execution court, upon a complaint application,…
For a debtor to benefit from Article 82, paragraph 1, clause 4 of the Execution and…
For this, it is not mandatory for the debtor to engage in agriculture themselves;…
The debtor’s additional incomes should also be considered in the calculations, and…
When determining non-seizable movable and immovable properties and their quantities,…
If the debtor is not a farmer, tools and equipment necessary for their profession…
For instance, a court case regarding this matter:…
“According to Article 82/1-4 of the Execution and Bankruptcy Law: tools and equipment necessary for the debtor’s profession cannot be seized. In the case at hand, a HP brand computer set and 2 … brand medicine storage cabinets seized at the debtor’s location fall under the aforementioned article and cannot be seized. Since it is essential and necessary for the debtor to continue the pharmacy profession to have the computer set and medicine storage cabinets subject to the complaint at hand, their seizure renders the practice of the profession impossible. Therefore, the court should have accepted the complaint regarding one computer set and two medicine storage cabinets and ordered the lifting of the seizure.(36)…
If the value of these items is high, they can be seized and sold. However, a part…
2.2.5 Animals Essential for the Management of the Debtor and Their Family and Their…
Additionally, the seizure of domestic animals is regulated in the Animal Protection…
According to Article 85/1-6 of the Execution and Bankruptcy Law, the debtor’s and…
According to Article 82/1-7 of the Execution and Bankruptcy Law, if the debtor is…
Furthermore, according to Article 82/1-8 of the Execution and Bankruptcy Law, lifelong…
2.1.Entirely Non-Seizable Asset Values
2.3.Examining example court decisions:
