TERMINATION OF EXECUTION WITHIN THE SCOPE OF THE NOTIFICATION RECEIVED ABOUT THE CORONA VIRUS
DECISION
The Corona Virus, which is closely monitored by the whole world due to the fact that it is a global epidemic, continues to spread rapidly and causes great damage to business and commercial life as well as affecting social life. As you know, in order to completely eliminate or minimize these effects within the framework of each country’s own capabilities and forecasts, we are introducing a number of new rules, many social and economic
he’s taking precautions. As a matter of fact, especially since last week, important new regulations have been introduced in our country. Previously
we have informed you about the impact of the Corona Virus on labor law and contracts with the articles we have shared. In this article, we will share with you the Presidential Decree No. 2279 (“Decision”) on the entry into force of Article 330 of the Enforcement and Bankruptcy Code No. 2004 and our legal assessments of both the implementation and consequences of this Decision.
A. EFFECTS OF TERMINATION OF EXECUTION AND BANKRUPTCY PROCEEDINGS
By the decree of the President No. 2279 dated March 22, 2020 and published in the Official Gazette No. 31076, which entered into force due to the Corona virus outbreak until 30.04.2020, Article 330 of the Law on Enforcement and Bankruptcy No. 2004. The Article has been put into effect. The specifics of the decision and the scope of its implementation will be explained below.
1. The Legal Basis of the Decision
The Decree of the President No. 2279 is as follows;
” Article 1-Within the scope of the measures taken to prevent the spread of the COVID-19 epidemic in our country; from the date of entry into force of this Decision until 30.04.2020, except for the enforcement proceedings related to alimony receivables, all enforcement and bankruptcy proceedings conducted throughout the country
in this context, it was decided not to carry out party and follow-up transactions, not to take new enforcement and bankruptcy proceedings, and not to execute and execute precautionary foreclosure decisions.’’
In accordance with Article 2 of the Decision, it has been decided that the decision will enter into force on the day of publication. It is also stated that this decision was made in accordance with Article 330 of the Enforcement and Bankruptcy Code of 2004. Article 330 of the Enforcement and Bankruptcy Law No. 2004 states that;
‘In the event of an epidemic, a public calamity or a war, enforcement proceedings may be stopped for a certain period of time in part of the country or in favor of some economic groups by the decision of the Executive Board of Deputies.’’
First of all, it should be noted that Article 330 of the Law No. 2004 finds its application in our country for the first time. The purpose of the relevant article, as stated in the justification of the article, is to protect citizens in accordance with the understanding of the social state in cases such as natural disasters and epidemics that will occur as a result of the understanding of the social state.
For this reason, the desire of the legislator to protect the debtors in accordance with the understanding of the social state should be taken into account when interpreting the article. In addition, it should be noted that the regulation in question covers only transactions made within the scope of Law No. 2004, and does not cover transactions made in accordance with Law No. 6183 on the Collection Procedure of Public Receivables.
