he New Procedure For Attachment In The Residence And the Regulation on Excessive Attachment Entered Into Force. 07 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
-
16.9.2025
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.
-
5.9.2025
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.
-
29.8.2025
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.
-
27.8.2025
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.
-
18.8.2025
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.
-
11.8.2025
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.
-
31.7.2025
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."
-
30.7.2025
Legal Remedies And The Official Appeal Process For Property Tax Values
a. General Overview Following the enactment of Law No. 4751 in 2002, which amended the Tax Procedure Law, the Property Tax Law, and the Fees Law, the declaration-based system for determining the property tax base was abolished, and the tariff and assesment procedure implemented by administrative authorities was adopted.
-
25.7.2025
Labour Law No. 4857 Amended! Electronic Notification Opportunity Introduced With Rem
Article 109 of the Labour Law No. 4857 has been amended, together with its title and content, by the Law Amending the Law on the Protection of the Value of Turkish Currency and Certain Laws and the Decree Law No. 635 published in the Official Gazette dated 24 July 2025. With this important amendment, the procedures regarding the form of notifications to be made between employers and employees have been redefined.
-
16.7.2025
Terminatıon Right Of The Employer Due To Conviction And Detention And Legal Consequences
In labour law practice, which is a dynamic field based on the principle of protecting the balance between the employee and the employer, the employee's failure to fulfill their obligation to perform work-especially when this results from circumstances that restrict individual freedom, such as conviction or detention-has significant legal consequences regarding the termination of the employment contract.
-
14.7.2025
Radical Change In The Labor Law Dated 14.07.2025: Flexible Week Holiday Period Has Started In The Tourism Sector!
With the Law No. 7553 on the "Amendment of Certain Laws and Decree Law No. 375" published in the Official Gazette on July 14, 2025, important innovations have been introduced in the Labor Law and some other laws. In this context; as of 14.07.2025, with the provision added to the article Article 46 of the Labor Law which regulates the week holiday, flexible week holiday specific to the tourism sector have been introduced.
-
9.7.2025
Climate Law Enacted
The Climate Law No. 7552 ("Law"), which includes regulations on the procedures and principles related to the reduction of greenhouse gas emissions in the fight against climate change, climate adaptation activities, planning and implementation tools, revenues, permits and inspections, and the legal and institutional framework surrounding these, was published in the Official Gazette dated July 9, 2025, No. 32951, and entered into force. This Law sets out general principles and objectives from a casuistic perspective, preferring to leave detailed and technical regulations to secondary legislation.
-
7.7.2025
Mediation Practices In The Land Registry
Pursuant to the amendments introduced by Law on Amendments to the Enforcement and Bankruptcy Law and to Certain Other Laws which was published in the Official Gazette dated 05.04.2023, numbered 32154 to the Law on Mediation in Civil Disputes dated 7/6/2012 and numbered 6325 ("Law"), the scope of disputes that may be resolved through procedural- mandatory- and voluntary mediation has been expanded.
-
27.6.2025
Effects Of The Concordatum Period On Pledgees
Pursuant to Article 285 of the Enforcement and Bankruptcy Law (EBL), a debtor who is unable to pay their debts on time or is at risk of default may request a concordatum. During the period granted to the debtor upon such request, no enforcement proceedings may be initiated, and ongoing proceedings are suspended, in accordance with Article 294/1 of the EBL.
-
18.6.2025
M&A Dynamics in Publicly Traded Companies: New Investment Strategies Through Borsa Istanbul
In recent years, IPOs in Turkey have reached record levels. In 2023 and 2024, a large number of companies started trading in Borsa Istanbul as a result of initial public offerings (IPO) transactions. These IPOs, which attracted great interest from small investors, stand out as important strategic moves in which companies gain transparency and visibility, and also play a role as an important financing tool. With IPOs, publicly traded companies / partnerships are now drawing the attention of not only small investors but also domestic/foreign strategic and financial investors.
