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
-
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.
-
16.10.2025
Important Amendment to the Organized Industrial Zones (OIZ) Implementation Regulation: Additional Time Granted To Participant
Published in the Official Gazette No. 33050, dated October 17, 2025, the "Regulation Amending the Organized Industrial Zones Implementation Regulation" introduces a new Provisional Article 13 to the existing regulation.This new provision allows OIZ participants who have not yet obtained a building permit or a workplace opening and operating license to apply for an extension period under certain conditions.
-
14.10.2025
Current Status Of The Obligation To Maintain Commercial Books In Electronic Form
1. INTRODUCTION With the Communiqué Amending the Communiqué on Keeping Commercial Books Not Related to the Accounting of the Enterprise in Electronic Form, published in the Official Gazette dated September 20, 2025 and numbered 33023 (“Amendment Communiqué”), significant amendments have been introduced to the Communiqué on Keeping Commercial Books Not Related to the Accounting of the Enterprise in Electronic Form, published in the Official Gazette dated February 14, 2025 and numbered 32813 (“Communiqué”).
-
24.9.2025
Social Security Procedures To Be Carried Out By The Employer Following A Reinstateme
Upon receiving notification of a final and binding reinstatement decision, if the employee communicates their intention to return to work within 10 business days, the employer may either reinstate the employee or refuse reinstatement by paying both the four months' idle period wages determined by the court and the compensation for non-reinstatement. As seen, the employer has two alternative courses of action in this situation; however, the procedures to be carried out before the Social Security Institution (SGK) differ in each case.
-
18.9.2025
The Court of Cassation has Ruled That The Competent Court Fot Cases Brought On The Grounds Of Volation Of The Non-Competition Clause Is The Commercial Court of First Instance
1. Introduction The duty not to compete is a type of loyalty obligation owed by the employee to the employer. The employee undertakes not to compete with the employer during the term of the employment contract as part of their loyalty obligation. However, Turkish law does not contain any legal provisions prohibiting the employee from competing with the employer after the employment contract has ended. However, the parties may freely agree that the employee will not compete with the employer after the termination of the employment contract. Articles 444-447 of the Turkish Code of Obligations also contain provisions and restrictions regarding non-competition agreements that may be established between the employee and the employer.
-
15.9.2025
Transfer Fee: Legal Characterization and Practical Application
1. Introduction The concept of a transfer fee is not directly defined in the Turkish Labor Code; its framework and legal nature in practice have largely been shaped by the decisions of the Court of Cassation (Turkey). This practice, which arises particularly in sectors with intense competition and limited skilled labor, is a type of payment that employers must carefully consider within the scope of their employment policies.
-
4.9.2025
Competition in the Labor Market: HR Practices to Avoid
The Turkish Competition Authority ("Authority"), which is entrusted with ensuring the proper functioning of markets, identifying practices that restrict competition, and imposing sanctions against infringements, operates under Law No. 4054 on the Protection of Competition ("Law") without distinction between input and output markets. Labor markets have recently emerged as one of the primary arenas in which entities compete in input markets and, with the influence of various additional dynamics, have become a market increasingly prioritized by the Authority. The Guidelines on Competition Violations in Labor Markets ("Guidelines"), adopted by the Authority on November 21, 2024, serve as an important reference for the prevention of competition infringements in labor markets. In this bulletin, in light of the Guidelines and decisions of the Competition Board ("Board") within the Authority, (i) the fundamental principles and information regarding the application of competition law to labor markets, and (ii) the main prohibited practices to be observed when competing in labor markets will be addressed.
-
28.8.2025
Does An Employee's Extended Period Of Sick Leave Grant The Employer The Right To Terminate The Emploment Contract?
In employer-employee relations, the direct impact of long-term medical reports on the status of the employment contract holds critical importance for both employees and employers. In particular, uninterrupted periods of sick leave lasting for a certain duration are regulated under Article 25/I(b) of the Labour Law as a specific provision that grants the employer the right to immediate termination for just cause and determines the rights to be granted to the employee. In this context, how the employer may exercise the right of termination for just cause following the employee's extended medical leave and the legal basis of this process should be examined in detail.
-
26.8.2025
Regulation On Direct Selling Was Published
The Regulation on Direct Selling ("Regulation"), issued by the Ministry of Trade ("Ministry") pursuant to Articles 47/A and 84 of the Consumer Protection Law No. 6502, was published in the Official Gazette dated 08.08.2025 and numbered 32980, thereby entering into force.
-
17.8.2025
SMS Verification Codes and the Personal Data Protection Board's Guideline Decision No. 2025/1072
The Personal Data Protection Board's Guideline Decision dated 10 June 2025 and numbered 2025/1072 introduces significant regulations regarding personal data processing activities conducted through SMS verification codes, which have become a widespread practice in commercial life. The decision requires significant adjustments to customer relationship management, particularly in the service and retail industries.
-
10.8.2025
Mergers And Acquisitions Of Companies Engaged In Renewable Energy Gereration
In recent years, notable developments in Turkey's electricity market have extended beyond investments aimed solely at increasing generation capacity. The sector has also come into focus through strategic investments and merger and acquisition (M&A) transactions involving companies operating in the field of renewable energy.
-
30.7.2025
Annual Leave, Severance Pay, and Notice Pay in Part - Time Employment Contracts
Part-Time Employment Contract Article 13 of the Labor Law No. 4857 defines a part-time employment contract as "a contract in which the employee's normal weekly working hours are significantly less than those of a full-time employee performing similar work."
