Due to Covid-19 danger that we are going through, new working conditions have occurred and many private institution and lawyers transferred to “home office” system in terms of public health measures. Due to this new working system, complying with the legal periods, submitting reply petitions and evidences have become harder and constituted the possibility of loss of rights.
With the purpose of preventing the loss of rights in legal terms, some decisions have been made regarding stopping the legal periods in Judicial and Administrative Jurisdiction with the provisional article 1 of the Law numbered 7226 on Making Changes on Some Laws.
According the decisions made;
- All periods related to the origination, use or expiration of a right, including filing a lawsuit, initiating enforcement proceedings, application, appeal, notice, notification, representation and period of limitation, period of prescription and mandatory administrative application periods; the periods determined by the parties within the scope of the Administrative Procedure Law, the Criminal Procedure Law and the Civil Procedure Law and other laws containing procedural provisions, the periods determined by the judge in this context and the periods in mediation and reconciliation institutions stop from 13/3/2020 to 30/04/2020.
- The periods determined in the Enforcement and Bankruptcy Law and periods stated under other laws related to the enforcement law, the periods determined, the periods determined by the judge or enforcement and bankruptcy offices in all enforcement and bankruptcy proceedings, except for enforcement proceedings regarding alimony receivables, party and enforcement proceedings transactions, performing new enforcement and bankruptcy requests, the transactions regarding the execution of the decision of provisional remedy stop from 22/3/2020 to 30/04/2020.
- These periods start to operate from the following day of the day the stopping period ends. The periods which have less than 15 days to be terminated as of the start date of this stopping period shall be are considered to be extended fifteen days starting from the following day of the day the stopping period ends.
- In case the outbreak continues, the President’s rights to extend the stopping period for one time with the condition of not exceeding 6 months and to restrict the scope of this stopping period are reserved.
- Periods of limitation regulated by law for crime and punishment, misdemeanor and administrative sanction and disciplinary arrest and preventive detention, the periods regarding the protection measures regulated under the Code of Criminal Procedure, the deadlines for the transactions to complete the interim injunctions regulated under the Code of Civil Procedure will not be excluded.
ENFORCEMENT AND BANKRUPTCY
In case that the sales day announced regarding the goods or rights by the enforcement and bankruptcy offices remain within the stopping period within the scope of the Enforcement and Bankruptcy Law and enforcement law, a new sales day will be determined for these goods or rights by the enforcement and bankruptcy offices right after the stopping period without requiring any new request to be submitted. In this case, the sale announcements will only be made electronically and this announcement will not be charged for.
The payments made with consent within stopping period will be accepted and one of the parties may request the transactions that are in favor of the other party to be made. The results of the concordat deadline for the creditor and the debtor continue throughout the stopping period. Other measures will be taken to ensure that the enforcement and bankruptcy services are not interrupted.
POSTPONEMENT OF THE HEARINGS AND NEGOTIATIONS
All other measures that are needed to be taken including the postponement of the hearings and negotiations and procedure and merits regarding this fact will be determined by the Relevant Board of Presidents in terms of Supreme Court and Council of State; by the Council Of Judges And Public Prosecutors in terms of the First-Degree Judicial And Administrative Judicial Authorities and Regional Courts of Justice And Regional Administrative Courts; by the Ministry of Justice in terms of justice services.
FOR MORE DETAILS , CONSULT THE ARTICLE’s WRITER
Yalçın & Toygar Law Office
Kabatas-Setustu, Inebolu Sok. No:25 Ada Apt. D.11 34427 Istanbul
+90 212 293 09 09