Period to Request Seizure in Case of Objection to Execution Process
Küçük Resim Yok
Tarih
2022
Yazarlar
Dergi Başlığı
Dergi ISSN
Cilt Başlığı
Yayıncı
Istanbul Univ, Fac Law
Erişim Hakkı
info:eu-repo/semantics/closedAccess
Özet
The aim of execution proceedings in money claims is to pay the amount of money owed to a creditor by encashing the seized assets. The time limit of the creditor's right to request seizure starts even before s/he gains the right. Moreover, when there is an objection or action, the time limit stands still until a final judgment has been handed down, i.e., res judicata. However, the exact moment for pausing the time limit based on the objection and action is unclear. Some opinions support that the right moment is the time of the debtor's objection. Others support that the request for seizure standstill should be when the creditor applies or sues for the annulment of the objection. Another view that originated from the lapse of time to sue for annulment of objection suggests that the moment when the notification of objection is delivered to the creditor should be accepted as the starting point of the one-year time limit. Because the last opinion is in contradiction with the clear letter of the law, other opinions seem more appropriate. However, it is necessary to amend the law regarding the right to request a seizure to minimize possible problems and conform to previous related legal amendments. Hence, we argue that the appropriate amendment is to begin calculating the period for the right to request a seizure only after the creditor gains the right to request a seizure.
Açıklama
Anahtar Kelimeler
Seizure, Period, Period to Request Seizure, Objection, Suspension
