TURKISH SUPREME COURT 20. law office
Article No.:2017/9857 Decision No.: 2017/9650 Decision Date: 20.11.2017
OBJECTION TO ASSET DISCRETION STATUS – THE ORDER OF GOODS
ITS LOCATION IS RELATED TO THE FORECLOSURE FILED BY THE ENFORCEMENT DIRECTORATE IN COMPLAINTS
THE ENFORCEMENT OFFICE THAT MADE THE FORECLOSURE IS THE ENFORCEMENT COURT
IT IS ASSOCIATED WITH THE NEED TO ENSURE THAT YOU ARE COMPETENT
SUMMARY: If the goods to be seized are elsewhere,
in the foreclosure complaints filed by the directorate, the location of the goods is executed by instruction, the enforcement office that makes the foreclosure depends on the enforcement office
it is examined by the court. Therefore, since the appreciation of the value of the asset is made by instruction,
appreciation of value as the place of jurisdiction of the enforcement court to which the enforcement office that foreclosed the relevant objections is affiliated
it should be detected.
(2004 PK m. 4, 79, 128/A)
In the case between the parties … Decertification Law and … 11.12.
The decision of individual incompetence due to the decision being made by the executive courts, the final decision in the file
in order to ensure the functioning of the District Courts of Justice in case of later issuance, in addition, the issuance of two separate
District Courts of Justice by the courts remaining around the jurisdiction,
making a mutual decision of inadmissibility in accordance with Article 36/3 of Law No. 5235.
Judicial jurisdiction located within the duty departments of the District Courts of Justice legal departments,
since it is the first authority to resolve disputes of authority and duty between the Decrees and duty courts
, all the documents in the file sent for location determination were considered necessary by examining:
The case relates to an appeal against the discretion of the asset.
… By the Executive Court; … 5. In the article of the Executive Office dated 12/07/2016, the Executive Office,
the instruction on the sale of the vehicle stored exclusively in the district is given in the article
In accordance with the instructions of the Directorate of the Executive Department, the asset valuation process is requested to be performed, the transaction opportunity
if it is for securities and real estate owned by the borrower in this way, also 3. Protection of the rights and freedoms of persons,
a foreclosure clause that is in the direction of foreclosure of receivables and is not of a general nature, requesting the foreclosure of a specific property
it is stated that an unauthorized decision was made on the grounds that it was written in the form.
… 11. In accordance with Article 128 / a-1 of the IIK, the Enforcement Court on the discretion of assets
The complaint is filed as required to the enforcement court, to which the enforcement office that makes the valuation of the assets is affiliated
, the valuation is made from the file numbered 2016/89 of the Enforcement Department by instruction
it is understood that the competent court … is the enforcement court to which the Enforcement Directorate is affiliated.
an unauthorized decision has been made.
SECOND No. 4/1 of 2004. in the article “…against the treatment of the enforcement and bankruptcy offices
examination of the complaints and objections made by the judge of the enforcement court or if he has been assigned this task according to the law
what is ordered to be done by the judge is done …”
79 Of the same Law. in the article “The enforcement department makes the foreclosure process definitively within three days from the request.
If the goods to be seized are located elsewhere, the enforcement office at the place where the goods are located
he writes immediately. In this case, complaints related to foreclosure are subject to enforcement by the contested enforcement department and
it is decided by the court …” it is said.
As can be understood from the mentioned legal regulations, it is the enforcement directorate where enforcement proceedings are carried out.
If there are objections and complaints related to the follow-up, the place where the follow-up is carried out is the enforcement directorate to which the enforcement directorate is affiliated.
It shall be decided by the court. However, if the item to be seized is located somewhere else, the item is located
in the foreclosure complaints made by the enforcement directorate, depending on the enforcement directorate that performs the place foreclosure process,
it is examined by the enforcement court at the place where it is located.
Since the appreciation of the value in the concrete case is made by the enforcement directorate with instructions, the appreciation of the value
authority to review objections … 11. It belongs to the Executive Court.
Conclusion: For the reasons explained above, the 21 and 22 of the CCP numbered 6100. according to their articles; … 11. Execution
Unanimous decision on the DETERMINATION of the court AS AN AUTHORIZED PLACE on 20/11/2017
has been given.