Summary:
Partial payments cannot be deducted from the principal unless the borrower pays interest and expenses. 168 of the IIK of the borrower in terms of objection to the interest rate. the fact that he has not objected to the interest and interest rate requested during the follow-up within the legal five-day objection period written in the article does not eliminate the right to complain about the interest rate that will be processed after the follow-up and the foreclosure order issued accordingly.
T.C.
SUPREME
12. law office
Main Number: 2013/8373
Decision No:2013/17522
K. Date:7.5.2013
About the debtor by the creditor 280.591 based on bonds, $ 20 get real, 23.232 18 TL TL 304.665 841,77 interest and committed to the commission, $ 15 and 19 years from the date of the follow-up of receivables total %interest in the collection has been requested.
In consideration of the payment by the borrower after the finalisation of the representative monitoring deducted from the total debt, interest rate and the amount of exorbitant that it was suggested by the court, the receipt of an expert’s report in terms of appeal within the objection period and interest is not waived where, on an appeal in terms of the amount of debt, Enforcement Directorate cover by execution account is referred to the court dismissed the complaint on the grounds that she cannot be without.
In the tracking file 30.09.2010-04.02.2012-26.11.2012 it is understood that the cover account was made by the enforcement directorate on their dates.
Law No. 3095, which entered into force on 01/01/2000, is amended by Law No. 4489 2.article; “The debtor who defaults on paying an amount of money is obliged to pay default interest according to the rate set out in Article 1 for the previous days, unless otherwise agreed by the contract.
If the interest rate applied by the Central Bank of the Republic of Turkey for short-term advances on December 31 Dec of the previous year is more than the amount described above, default interest may be requested at this rate in commercial transactions, even if there is no contract in between. December June 31 of the previous year, if the advance interest rate in question is five percentage points or more different from the advance interest rate applied on the 30th of June of the 31st December of the previous year, this rate will be valid in the second half of the year.” he has brought his arrangement. In the concrete case, instead of determining the interest account according to the above rules, interest calculation was made without complying with these rules. In addition, although it is against the law that interest has been requested on the processed interest, since the debtor has no objection, interest must be calculated on the sum of the principal receivable and processed interest after follow-up. The request that interest cannot be executed on the interest is in the nature of an objection and is subject to a period of time.
On the other hand, BK’s 84/1.according to the article; “If the debtor is not late in paying interest and expenses, he may partially deduct the payment he has executed by resoulmala.” In this case, partial payments cannot be deducted to the principal, unless the borrower pays interest and expenses. It is not necessary to ask for the consideration of the mentioned article separately in the follow-up request, and even if there is no request, it should be applied ex officio by the civil servant. (Decision of the General Assembly of Jurisprudence dated 09.10.2002 and numbered 2002/12-709 basis – 2002/781)
IK of the borrower in terms of objection to the interest rate.nun 168.the fact that he has not objected to the interest and interest rate requested during the follow-up within the legal five-day objection period written in the article does not eliminate the right to complain about the interest rate that will be processed after the follow-up and the foreclosure order issued accordingly. Since the basis of follow-up checks are of an exchange nature, it is necessary to Decipher that there is a commercial relationship between the parties. In this case, 2/2 on the interest on commercial default, which is enshrined in Law No. 3095. applying the advance interest rates stipulated in the article, after the follow-up, it is necessary to calculate the advance interest at rates that change from period to period.
Then B.K 84.according to the article, the first partial payments of interest and costs deducted, the remaining money is to buy the original and downloading each payment is made, unless you get to see the determination in this way, the interest rate, in terms of Law No. 4489 2/2 with different 3095 law. the advance interest rate applied as of the follow-up date, taking into account the article T.C. A decision should be made according to the result by asking the Central Bank. While a decision on the objection should be made by the court according to the result that will be formed by taking into account these rules and taking an expert report in a way that will allow supervision, the provision of a written justification is inappropriate.
result
With the partial acceptance of the debtor’s appeal objections, the court’s decision was based on the reasons written above in 366 of the HR Committee and 428 of the HRC. in accordance with the articles, the decision was unanimously decided on 07.05.2013, so that the way to correct the decision is open within 10 days from the notification of the decision.
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