TC
Supreme
law office
MAIN NO.: 2017/9857
DECISION NO: 2017/9650
DECISION DATE: 20.11.2017
The competent court in cases of appeal filed against the determination of the value of assets is THE ENFORCEMENT CIVIL COURT.
SUMMARY: The right of appeal against the discretion of the assets belongs to the Enforcement Civil Court. If the asset assessment has been carried out on the instructions of another Enforcement Directorate, the authority to examine objections to the asset assessment also belongs to the Enforcement Court to which that enforcement directorate is affiliated.
In the case between the parties … with the Enforcement and Bankruptcy Law … with Article 36/3 of Law No. 5235 dated 11.12.2008, a provision has been made for the law enforcement courts to be authorized separately if a decision is made on the file after the end of the final decision period, for the decision to be made on the resolution of disputes of authority and duties issued by Regional Courts operating for two separate regional courts of Justice, etc, Dec. In accordance with the article, since the duty of the legal departments of the District Courts of Justice is to resolve disputes of authority and duty between the courts of first instance located in the judicial environment, all the documents in the file sent for the purpose of determining the place of jurisdiction have been examined and Decried as necessary:
decision
The case relates to an appeal against the discretion of the asset.
… By the Executive Court; … 5. on 12/07/2016, written in the history of the enforcement office, the enforcement office was established exclusively in the district, mainly by the sale of the vehicle in which the asset valuation transaction was requested from bottom to bottom, by the Enforcement Office where the transaction was established in accordance with the instructions …,
this request is in the direction of collecting the debtor’s movable and immovable property rights and receivables against third parties through foreclosure, and is of a general nature, and does not cover the issue of requesting the seizure of a specific property on the grounds that it was written in accordance with the foreclosure procedure, the judicial decision was given stating that this request is in the direction of collecting the debtor’s movable and immovable property rights and receivables through foreclosure against third parties and does not cover the issue of requesting the seizure of a specific property on the grounds that it was written in accordance with the foreclosure procedure
… 11. 128 on complaints about discretion made by the directorate of the enforcement agency, the discretion made to the directorate of the enforcement agency attached to law enforcement agencies should be made to the subsidiary of the enforcement agency, according to the Directive 2016/89 of the directorate of the enforcement agency, it was understood from which court the file was made, but depending on the location, the competent court was authorized on the grounds that it entered the area of duty of the competent court after the enforcement directorate,
SECOND No. 4/1 of 2004. in the article “…The examination of complaints and objections made against the operations of the enforcement and bankruptcy offices is carried out by the judge of the enforcement court or the judge assigned with this task according to the law…” the judgment has taken place
. 79 Of the same Law. in the article, “The enforcement department makes the foreclosure process definitively within three days from the date of the request. If the goods to be foreclosed are located elsewhere, he immediately writes the foreclosure to the enforcement office at the place where the goods are located. In this case, complaints related to the foreclosure process are resolved by the enforcement court to which the requested enforcement office is subject…” the judgment has taken place.
As it can be understood from the mentioned legal regulations, objections and complaints related to this pursuit, whichever enforcement directorate has been pursued, are resolved by the enforcement court to which that enforcement directorate is affiliated. However, if the goods to be seized are located elsewhere, in the foreclosure complaints filed by the enforcement directorate, the enforcement court affiliated with the enforcement directorate that made the seizure examines the location of the goods with an order.
In the concrete case, the authority to examine objections to the valuation of asset values, since the valuation of asset values is carried out by the Enforcement Directorate with instructions … 11. It belongs to the Executive Court.
CONCLUSION : For the reasons explained above; 21 and 22 of the CCP numbered 6100. according to their articles; … 11. at the meeting held on 20/11/2017, it was unanimously decided to designate the Executive Court AS THE PLACE OF JURISDICTION.