SUSPENSION, DUE TO THE COVID-19 EPIDEMIC, OF CERTAIN PERIODS WITHIN WHICH COURTS AND PARTIES ARE TO ACT EXTENDED UNTIL 15/06/2020. 01 May 2020
SUSPENSION, DUE TO THE COVID-19 EPIDEMIC, OF CERTAIN PERIODS WITHIN WHICH COURTS AND PARTIES ARE TO ACT EXTENDED UNTIL 15/06/2020.
WHAT IS THE RELEVANT LEGAL REGULATION?
- With Law No. 7226, on the Amendment of Certain Laws and published in the Official Gazette on 26/03/2020, certain periods within which courts, and parties before the courts, are to act were suspended up to and including 30/04/2020. The suspensions of these periods have been extended until 15/06/2020 pursuant to a new President's Decision published in the Official Gazette on 30/04/2020.
WHICH PERIODS ARE AFFECTED BY NEW REGULATION?
- The extension, up to and including 16/05/2020, covers the periods previously suspended, up to and including 01/05/2020, pursuant to provisional Article 1 of Law No. 7226, The extended periods include:
- All periods related to the use or termination of rights, including those related to litigation matters, enforcement proceedings, applications, complaints, objections, warnings, notifications, submissions, foreclosures and mandatory administrative applications;
- Periods agreed to between parties and periods set by judges pursuant to the Administrative Procedures Law No. 2577, Criminal Procedure Law No. 5271, Code Of Civil Procedure No. 6100, and other laws containing procedural provisions providing for periods with which courts or parties before the courts within which they are to act; ,
- Periods of related to mediation and conciliation; and
- Periods set pursuant to Enforcement and Bankruptcy Law No. 2004, and other laws related to this law, inexecution and bankruptcy proceedings, except for those related to maintenance payments, newly filings requesting the initiation of enforcement and bankruptcy proceedings, including requests for the entry of and enforcement of provisional attachment decisions,
- The deadlines for compulsory administrative applications, as provided for in Public Procurement Law No. 4734, and which were suspended Law No. 7226 as of 26/03/2020, were not. This exception to the otherwise broad grant of extensions was specifically addressed in the new President’s Decision, which noted the suspension of these periods expired on 30/04/2020 .
- In addition, with regard to the following periods within which certain parties are to act and which were not suspended by Law No. 7226, continue to be in effect:
- Periods of limitation provided for in the criminal law, including misdemeanor and administrative sanctions, disciplinary imprisonment and short time imprisonment;
- Periods related to protective measures provided for in Criminal Procedure Law No. 5271; and,
- Periods pertaining to transactions whose provisional remedy has not been completed as provided for in Code Of Civil Procedure No. 6100.
HOW WILL SUSPENDED PERIODS START AGAIN?
- The principle of enforcement of the law, as it applies to the suspension of the periods discussed above, was expressly addressed, and adopted, in Law No. 7226. According to this principle, the suspended periods are to restart the day following the end of the suspension. As of the date , periods of fifteen days or less, are deemed to be extended a full fifteen days from the day following the end of their suspension. For periods of more than fifteen days, they too will restart on the day following the end of their suspension, but less the number of days that had passed at the time of the suspension.
ARE THE SUSPENSION DATES OF COURT HEARINGS EXTENDED?
- Hearings to be held by first instance judicial and administrative judicial authorities, and by regional courts and regional administrative courts, were postponed until 15/06/2020 by the decision of the Council of Judges and Prosecutors.
WHAT HSPPENS WHEN THE DECLARED FORECLOSURE DAY FALLS WITHIN THE EXTENDED OF SUSPENSION PERIOD?
- A sale day falling within the extended suspension periods will continue to be suspended; a new sale day will be set, without the need for a party to request a new date, by the enforcement and bankruptcy offices falling after the new suspension period . In such a case, an announcement of the new sale day will be made electronically, and there will be no fee for the announcement.
ARE FURTHER EXTENSIONS POSSIBLE?
- The President was only given the authority to extend periods suspended byLaw No. 7226, one time only. Accordingly, the President lacks the authority to extend the suspended periods.
IS IT POSSIBLE TO MODIFY THE EXTENDSION TO A DATE EARLIER THANS 15/06/2020?
9. In the President’s extension decision, it is clearly stated that if the danger of the epidemic spreading dissipates earlier than expected, the 16/05/2020 date will be re-evaluated. In other words, the answer is yes, the extension can be reset to end on a date earlier than 16.05/2020.The President was only given the authority to extend periods suspended byLaw No. 7226, one time only. Accordingly, the President lacks the authority to extend the suspended periods.
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