While trying to satisfy the creditor with the means of enforcement law, a number
of principles and rules emerged when the limits of the collecting authority of
the creditor were determined. One of these rules is that the execution proceedings
against the debtor cannot be performed in the execution of suspension
and postponement periods. When determining the postponement periods in
execution law, natural human rights and universal principles that take into
account the rights and interests of the debtor and the protection of third parties
are taken as basis. One of the safeguard rights and benefits of the debt is
the right to interrupt (deferral) the follow-up actions to be taken against him
in cases of severe diseases, in other words. In order to protect the interests of
the creditor while the debtor is using the right of postponement due to severe
diseases, the legislator stipulated that this situation should be proved by an
official document. The enforcement proceedings to be carried out in spite of
the diseases of the borrower shall be deemed to be valid as a rule as accepted in
the modern law, but the consequences such as complaints shall be born from
the end of the Postponement Periods.
Primary Language | Turkish |
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Subjects | Law in Context |
Journal Section | Research Article |
Authors | |
Publication Date | April 15, 2019 |
Published in Issue | Year 2019 Volume: 77 Issue: 1 |
Journal of Ankara Bar Association adopts the Turkish Legal Citation System (TÜHAS) citation system.