Legal articles

The same articles as the Turkish library, written in English. Each one stays tied to a practice area. A translated article is the one to open. Where the English text is not published yet, the Turkish original remains the source.

• Is It a Title Sale When Attachment Comes onto the Expropriation Price?

  Attachment of the expropriation price is not a title sale. The money is looked for where the decision names it. The wrong authority does not hold it.

• Does the Owner’s Sale Stop When a Usufruct Is Attached?

  A usufruct attachment is entered on that column. It is not attachment of the owner's share. The bare price does not pass over without a separate attachment.

• What Happens to the Ownership Annotation When a Condominium Easement Is Attached?

  When a condominium easement is attached, the note goes on that line. Ownership is a different title line. Without a transfer writing, the note is not assumed.

• Does an Attachment on a Shared Immovable Enter the Whole Register?

  On an immovable held in shares, attachment enters on the debtor's share. The other share and the whole are not attached by it. A company share is not here.

• What Is Read at the Sale If There Is a Tenant in a Mortgaged House?

  If a tenant is in a mortgaged house, the eviction order to the tenant is read. The lease date and the mortgage note stand side by side. No leaving day is added.

• Does the Case Fall If the Debtor Does Not Go to the Enforcement Court?

  If the debtor does not attend, the case does not fall. Absence is read from the service line and from whether the person is the applicant or the addressee.

• In Which Dispute Is a Witness Read at the Enforcement Court?

  Witnesses are not heard in every dispute. A witness does not replace signature examination. Ownership of the goods and the debt are different evidence.

• Is There a Hearing in Every File in an Action to Set the Objection Aside?

  The hearing is not a repeat that the action was filed. The day is read from the directions or the minute. A file number does not count a hearing as held.

• Are a Complaint in Enforcement and an Objection to the Payment Order the Same Petition?

  An enforcement complaint is not an objection to the payment order. Two requests give two results. An objection does not complain of the act by itself.

• Which Remedy Is Read After an Enforcement Court Decision?

  The closing route differs by decision. A final note and regional appeal are read apart. The day comes from the decision. No figure is written here.

• If the Debtor Company Has Merged, to Whom Are the Proceedings Written?

  If the debtor company merged, proceedings are written to the acquiring title on the trade registry. No title is guessed before registration.

• If the Identity Number Is Written Wrongly in the Request, Whom Does the Attachment Reach?

  If the identity number in the request is wrong, the attachment goes to that number. The office does not add the person in mind. This is not that guide.

• If Two Creditors Claim the Same Debt, to Whom Is the File Read as Belonging?

  A second creditor is not a party to the first file on its own. The file is read from the party line on the request. A second proceeding is not this question.

• When the Creditor Dies, How Does the Heir Continue the Enforcement?

  When the creditor dies, the file does not pass to the heir by itself. The creditor box stays without a certificate of heirship. Assignment is not this passing.

• What Happens to the Authority in the File When the Creditor's Representative Is Dismissed?

  Dismissal of the representative does not drop proceedings. Authority is read from the dismissal on the file. The counsel's fee on the cover is a separate line.

• Are an Aval and a Suretyship the Same Signature in Enforcement?

  Aval and suretyship are not the same signature. The aval record is read apart from the surety sentence. Neither guide is copied on this page.

• If the Enforcement File Does Not Appear on UYAP, Is Service Treated as Absent?

  An empty UYAP screen does not mean there was no service. The file number is read from the paper, not the screen. The screen does not produce a number.

• Does a Word of Ownership at the Moment of Attachment Stand in for the Action?

  Saying it is mine at the attachment is not an action. A principal number arises only with a petition. The action guide is not copied on this page.

• Which Minute Is Read If the Custodian Does Not Deliver the Property?

  If the custodian will not deliver, two minutes are read apart. Not delivering is not the definition of the role. A piece off the list is not added.

• If the Bank Answers the Attachment Notice Late, Does the Attachment Fall?

  A late bank reply does not lift the attachment of itself. The late writing is read from service and the office entry. This page has no reply guide.