he New Procedure For Attachment In The Residence And the Regulation on Excessive Attachment Entered Into Force. 06 April 2023
On 05.04.2023, the Law on the Amendment of the Execution and Bankruptcy Law and Certain Laws entered into force after being published in the Official Gazette, and an article titled "Attachment in the Residence" was added to the Execution and Bankruptcy Law and it was regulated that attachment cannot be made in dwellings without a judge's decision.
|
Pursuant to the aforementioned regulation, if the execution director determines that the place where the attachment is requested is a residence, he/she will decide on the attachment and will immediately submit the decision for the approval of the execution court. |
|
The court will examine the file within 3 days at the latest from the date of submission of the file, and as a result of the examination, if it is understood that the place where the attachment is requested is a residence, it will definitely decide to approve the decision and the attachment procedures will be carried out upon notification of this decision to the enforcement office. |
|
If, as a result of the examination, it is understood that the place where the attachment is requested is not a residence, the court will definitively lift the decision on the attachment of the residence. Upon notification of this decision to the enforcement office, the enforcement director will make a new decision on the existing attachment request. |
|
If it is understood that the place of attachment is not a residence after the court has issued an approval decision, the attachment will continue. However, if it is understood that this place is a residence during the attachment process carried out upon the attachment decision issued regarding a place that is accepted not to be a residence, and the debtor does not consent to the attachment, the attachment process will be terminated. |
|
However, since the precautionary attachment is exempted under this provision, this regulation will not be applicable to the precautionary attachment. |
|
Likewise, this provision shall not apply to the decisions regarding the attachment of the residence and the seized goods issued before the effective date of the regulation. |
|
The phrase "necessary goods for the individuals; in case there is more than one of the goods used for the same purpose, one of them" in Law numbered 2004 has been amended as "personal belongings belonging to the individuals and all household goods that serve the common use of the family", and the said regulation prohibits the attachment of personal belongings belonging to family members living under the same residence with the debtor and all household goods. As a matter of fact, although this situation has limited the creditor's ability to collect, it has eliminated the confusion created by the concept of necessary household goods in the text of the previous law and clearly defined the limits of the attachment to be carried out in the residence. However, it is important to note that this regulation does not prevent the attachment and preservation of money, negotiable instruments, antiques, gold or precious metals if they are found in the residence. |
|
Another important innovation brought by the 7th Judicial Package is the "Excessive Attachment'' is clearly regulated and included in the Law. In addition, it is also regulated that the attachment cannot be made in an amount exceeding the amount sufficient for the interest and other accessories to the receivable subject to enforcement proceedings. Although there is no explicit regulation in the law in the process until today; the issue of excessive attachment was discussed both in the doctrine and in the decisions of the Court of Cassation within the scope of Article 85 of the EBL, and there was no unity of opinion and jurisprudence on this issue. As a matter of fact, even though the Legislator has clearly expressed its will on this issue with the latest regulation, the problems that may constitute an exception to the lien will be solved with the increase in the variety of Supreme Court decisions. |
|
Another issue regulated under the Law that has entered into force is the procedures and principles regarding the liquidation of the goods in the trustee's custody where the attachment, which is the basis of the preserve procedure, has been lifted. Pursuant to the regulation, the goods in the trustee's custody where the attachment, which is the basis of the preserve procedure, has been lifted, will have to be liquidated ex officio by the enforcement office where the proceedings are carried out. It is regulated that the information regarding the goods to be liquidated will be announced by the enforcement office in the National Judicial Network Information System and the liquidation costs will be covered primarily from the advance in the file, and in the absence of an advance, from the budget of the Ministry of Justice. In the event that the amount paid to the file cannot cover the costs incurred from the budget of the Ministry of Justice, the enforcement office will notify the collection office for the collection of the remaining costs from the debtor. |
Other News
-
4.1.2026
Financial Thresholds Under IPO Requirements Updated For 2026
With the decision of the Capital Markets Board of Türkiye (the "CMB") dated 31 December 2025 and numbered 2025/68 (the "Decision"), the financial thresholds required to be met for initial public offering ("IPO") applications to be filed in 2026 by companies whose shares will be offered to the public for the first time have been tightened.
-
25.12.2025
The Duration of the Financial Restructuring Implementation Has Been Extended Again in 2025
The duration of the implementation of the financial restructuring implementation carried out within the scope of Provisional Article 32 of the Banking Law No. 5411 has once again been extended for a period of two years by Presidential Decision No. 10765, which was published in the Official Gazette dated 25 December 2025 and numbered 33118.
-
17.12.2025
Sustainability in KVKK Compliance: Beyond a One - Time Compliance Approach
With the acceleration of digitalization, personal data has become a strategic asset for institutions and companies; accordingly, the lawful processing, protection, and management of such data has gained critical importance both in safeguarding individual rights and ensuring corporate sustainability. Law No. 6698 on the Protection of Personal Data sets forth the fundamental principles and obligations regarding the processing of personal data and imposes comprehensive compliance responsibilities on data controllers. Compliance with the KVKK is no longer merely an obligation aimed at avoiding administrative fines; it has also become an indispensable element for protecting corporate reputation, establishing customer trust, and effectively managing legal risks.
-
14.12.2025
Is an Employee Entitled to Benefit from a Wage Increase Implemented During the Notice Period
Pursuant to Article 17 of the Turkish Labour Act No. 4857, the termination of an indefinite-term employment contract must be notified to the other party in advance. Accordingly, employment contracts shall be deemed terminated:
-
11.12.2025
Extension of the Exemption Period in Capital Loss and Over - Indebtedness Calculations
Article 376 of the Turkish Commercial Code No. 6102 ("TCC") regulates the determination of capital loss and insolvency situations in companies, and the procedures and principles to be followed in such cases are detailed in the "Communiqué on the Procedures and Principles Regarding the Application of Article 376 of the Turkish Commercial Code No. 6102" ("Communiqué on TCC Art. 376"),
-
7.12.2025
What is OFAC? Its Strategic Importance For Investors And Areas Of Application
As the world changes and with each passing day, one of the terms we encounter more frequently is "OFAC". In today's globalized world, investors seeking to make international investments come across OFAC or interact with it in one way or another. This is because the sanctions imposed by OFAC relate not only to U.S. citizens or U.S.-origin companies, but also to individuals who have direct or indirect economic or financial contact with the United States. So, what is this OFAC?
-
3.12.2025
Loans To Shareholders And Adat Invoice
In practice, it is quite common for companies to extend loans to their shareholders. In situations where the company becomes a creditor of its shareholders, adat interest must be calculated on the outstanding balance and an invoice must be issued. Accordingly, adat is a method used to calculate accrued interest based on the period during which company funds are utilized by shareholders or related parties, ensuring that any potential tax loss is compensated. These calculations are important for compliance with transfer pricing rules, accurate determination of the tax base, and the fulfillment of legal obligations such as Value Added Tax (“VAT”).
-
27.11.2025
Notification Process To The Central Securities Depository & Trade Repository Of Türkiye For Bearer Share Certificates And Legal Consequences
1. Issuance and Notification of Bearer Share Certificates Pursuant to Article 484 of the Turkish Commercial Code ("TCC"), joint stock companies have two types of share certificates: registered shares and bearer shares. While the transfer of registered shares is completed through delivery, certain conditions have been introduced under the Communiqué on the Notification and Registration of Bearer Share Certificates with the Central Securities Depository ("Communiqué") for the transfer of bearer shares. Within the scope of the Communiqué, the registration of bearer shares with the Central Securities Depository & Trade Reposıtory of Türkiye ("MKK"), the adoption of a board resolution, and the registration and announcement of this resolution before the relevant trade registry directorate and in the Turkish Trade Registry Gazette are required.
-
19.11.2025
The Letter Of Intent Procsess in Merger and Acquisition Transactions
Merger and acquisition ("M&A") transactions are multi-layered processes from both legal and commercial perspectives. Before the parties proceed to the contractual stage, they enter into a preparatory phase in order to articulate their transactional intentions, exchange commercial expectations, and establish the legal framework. This preparatory phase constitutes the initial stage in which the parties discuss the fundamental principles of the transaction structure, formulate their negotiation strategies, and assess the transactional risks.
-
13.11.2025
New Constitutional Court Decision On Violation Of The Right To A Reasoned Decision Published İn The Official Gazette
1. INTRODUCTION The reasoning constitutes the part of judicial decisions that demonstrates the cause and justification for resolving the matter in the manner indicated in the operative section, and it is an extension of adjudication. The fact that the reasoning is satisfactory and consistent is crucial for ensuring the right to be legally heard and the right to a fair trial. By setting forth the court's impartiality, a reasoned judgment enables the parties to understand and be satisfied with the material and legal grounds upon which they have won or lost the case, owing to reasoning that genuinely aligns with the contents of the file, as well as with logic and law.
-
6.11.2025
Decision Of The Constitutional Court Concercing Excluded Pernonnel
In the Constitutional Court's Judgment published in the Official Gazette dated 22 September 2025.
-
23.10.2025
The Obligation for the Principal and Subcontractor Employers to Jointly Participate in Mediation Has Been Annuled by the Constitutional Court
An important Constitutional Court decision has been published regarding the mediation process that an employee can apply to with a request for reinstatement after the termination of employment relations in the workplace. The Constitutional Court ruled that the provision in paragraph (15) of Article 3 of the Labor Courts Law No. 7036, which states, "In cases where there is a principal employer-subcontractor relationship, for a request for reinstatement to be submitted to a mediator, the employers must participate in the mediation talks together and their intentions must be compatible for an agreement to be reached," is unconstitutional. The decision was published in the Official Gazette dated October 17, 2025, and numbered 33050.
-
22.10.2025
The Constitutional Court Has Annulled The Provision Granting The President Authority To Restrict Foreign Exhange And Money Movements!
In its decision No. 2024/193 Merits 2025/136 Decision1 dated 17 June 2025 ("Decision"), published in the Official Gazette on 15 October 2025, the Constitutional Court ("Court") annulled Article 1 of Law No. 1567 on the Protection of the Value of the Turkish Currency ("Law"). The annulled provision had stated that: "The President is authorized to make decisions for the regulation and restriction of the export from or import into the country of currencies, securities, and bonds, and of the purchase and sale of foreign exchange, cash, securities, bonds, precious metals, precious stones, and any goods and valuables made of or containing them; as well as of commercial papers and all means and instruments used for payment, and to take decisions aimed at protecting the value of the Turkish currency."
-
20.10.2025
Seizure of Property Belonging to Persons Other than the Debtor and Protection of Legal Rights
In enforcement proceedings, the seizure of property that does not belong to the debtor but rather to third parties is a situation frequently encountered in practice that leads to significant aggrievements. Uncertainties arising from property regimes complicate ownership relations, making it difficult to accurately determine to whom the property belongs during enforcement measures. Within this framework, when seizure is imposed on property belonging to the debtor's spouse or another third party, the most important legal remedy is the ownership claim (assertion).
-
19.10.2025
Mergers and Acquisitions and the Notification Obligation within the Framework of Competition Law
Mergers and acquisitions (M&A) are at the center of the growth and restructuring strategies of companies. These transactions, serving the purpose of companies to expand both nationally and internationally to increase their market shares or to enter into new markets, not only give rise to economic and commercial consequences but also carry the potential to directly affect the competition dynamics in the relevant market. Therefore, merger and acquisition transactions may affect the competition structure in the market. In this respect, while M&A transactions create strategic opportunities, they are also among the areas carefully scrutinized by regulatory authorities to preserve competitive order.
