HUK405

School of Law \ Law

3

6

Compulsory

Turkish

-

Bachelor of Laws

The course covers the fundamental concepts and principles of enforcement law, such as enforcement bodies, time limits in enforcement law, the parties to enforcement proceedings, and complaints, along with different types of enforcement procedures. Among the types of enforcement, the non-judicial enforcement and the general attachment procedure, one of the types of non-judicial enforcement, are discussed in detail. The subject of enforcement by general attachment, the request for enforcement through general attachment, the payment order and its finalization, the seizure, the sale, and the distribution of proceeds are explained with schematic diagrams. The attachment procedure specific to valuable papers, one of the types of non-judicial enforcement, is examined in comparison with the general attachment procedure. The types of judicial enforcement and the legal avenues available to both the debtor and the creditor in judicial enforcement proceedings are covered. The characteristics of enforcement through the conversion of collateral into cash are discussed, the subject of precautionary attachment is covered, and the action for the annulment of a transfer is analyzed. The course content is reinforced through schematic explanations, practical exercises, and court decisions to strengthen the ability to apply theoretical knowledge in practice.

1) Arslan, Ramazan/Yılmaz, Ejder/Taşpınar Ayvaz, Sema/Hanağası, Emel: Enforcement and Bankruptcy Law, Updated 9th Edition, Ankara 2023
2) Arslan, Ramazan/Yılmaz, Ejder/Taşpınar Ayvaz, Sema/Hanağası, Emel: Enforcement and Bankruptcy Code, Updated 10th Edition, Ankara 2023
3) Arslan, Ramazan/Yılmaz, Ejder/Taşpınar Ayvaz, Sema/Hanağası, Emel: Practical Studies in Enforcement and Bankruptcy Law, Fully Revised and Updated, 20th Edition, Ankara 2024
4) Atalı, Murat/Ermenek, İbrahim/Erdoğan Ersin: Enforcement and Bankruptcy Law, Ankara 2023
5) Görgün, Şanal L./Börü, Levent/Kodakoğlu, Mehmet: Enforcement and Bankruptcy Law, Ankara 2023
6) Kuru, Baki/Aydın, Burak: Enforcement and Bankruptcy Law Written According to the Appeal System, Textbook, Ankara 2022
7) Pekcanıtez, Hakan/Atalay, Oğuz/Özekes, Muhammet: Enforcement and Bankruptcy Law Textbook, İstanbul 2023

The aim of the enforcement law course is to teach the fundamental concepts and principles of enforcement law, enable students to determine how to enforce claims based on court decisions as well as those not based on court decisions, how to enforce claims related to pledged debts, and which enforcement procedure to follow under different circumstances. Additionally, the course aims to provide knowledge about the stages of enforcement proceedings, such as attachment, sale, and distribution, to understand how to challenge an enforcement procedure, and to acquire knowledge about the rights and powers possessed in enforcement proceedings. Moreover, it seeks to develop an understanding of the importance of temporary protection measures in enforcement law and the conditions under which these measures can be requested.

1. Has mastery of the fundamental concepts and principles of enforcement law, its place within the legal discipline, and the regulations in positive law, and applies them to concrete cases.
2. Can classify the types of enforcement proceedings in enforcement law, possesses knowledge of the unique rules and principles of each procedure, and has the ability to apply legal remedies available in the enforcement process.
3. Distinguishes which principle to prioritize in balancing conflicting interests between the creditor and the debtor in enforcement law.
4. Has knowledge of the historical, philosophical, and economic background of the formation of enforcement law rules.
5. Possesses the ability to identify the concrete legal conflict of interest in an enforcement proceeding, find the applicable legal norm for the issue, and apply the deductive reasoning method to derive the legal outcome from the abstract rule.
6. Recognizes the types of sanctions that parties may face when enforcing rights through coercion in enforcement law, and has the ability to differentiate which sanctions apply to which types of enforcement proceedings.
7. Has the ability to assert the creditor's claims originating from substantive law before enforcement authorities if the debtor does not fulfill these claims, and to ensure their enforcement.
8. Possesses the ability to work independently in the face of complex legal issues in enforcement law and to successfully conclude a concrete enforcement procedure from start to finish, being mindful of the rules and principles of enforcement law.

Week 1: Introduction to Enforcement Law, Enforcement Bodies
Week 2: Complaints, Enforcement Fees and Costs
Week 3: Notifications, Time Limits, Holidays and Postponements
Week 4: Parties to Enforcement Proceedings, Non-judicial Enforcement, General Attachment Procedure, Jurisdiction and Competence
Week 5: Initiation of Enforcement Proceedings, Request for Enforcement, Payment Order and Finalization of Payment Order
Week 6: Permanent and Temporary Removal of Objections, Debt Relief Lawsuit, Negative Determination and Reclamation Lawsuits
Week 7: Declaration of Assets, Seizure, Exemptions from Seizure, Participation in Seizure, Third-Party Claim in Seizure, Installment Payment
Week 8: Sale, Auction Cancellation, Payment of Proceeds
Week 9: Enforcement of Valuable Paper, Enforcement of Monetary Claims Arising from Subscription Contracts
Week 10: Non-judicial Eviction of Leased Property, Judicial Enforcement
Week 11: Enforcement through the Conversion of Pledged Property to Cash
Week 12: Precautionary Attachment, Action for the Annulment of a Transfer

• Midterm 40 %
• Final 60 %