The Corona Virus, which is followed closely by the whole world due to being a global epidemic, is rapidly
continues to spread and causes great damage to business and commercial life as well as affecting social life.
gives. As you know, each country can fully experience these effects within the framework of its own possibilities and foresights.
To eliminate or minimize, we introduce a series of new rules, many social and economic
is taking precautions.
As a matter of fact, especially since last week, important new regulations have been introduced in our country. Earlier
With the articles we share, we will inform you about the impact of the Corona Virus on labor law and contracts.
we had informed. In this article, we will share with you, Article 330 of the Execution and Bankruptcy Law No. 2004.
Presidential Decree No. 2279 (“Decision”) on the enactment of this Decree and both
We will share our legal assessments regarding both its implementation and its consequences.
A. EFFECTS OF STOPPING EXECUTION AND BANKRUPTCY PROCEEDINGS
2279, which entered into force by being published in the Official Gazette dated 22 March 2020 and numbered 31076.
With the decision of the President, until 30.04.2020 due to the Corona virus epidemic, the Executive and
Article 330 of the Bankruptcy Law was put into effect. The features and application area of the decision are below.
will be explained.
1. Legal Basis for the Decision
Presidential Decision No. 2279 is as follows;
“Article 1- Measures taken to prevent the spread of the COVID-19 epidemic in our country
in the scope of; From the date of entry into force of this Decision until 30.04.2020,
excluding enforcement proceedings, all enforcement and bankruptcy proceedings carried out throughout the country.
in this framework, the parties and follow-up proceedings are not carried out, new enforcement and bankruptcy proceedings are
It has been decided not to be taken and the provisional attachment decisions not to be executed or executed.
Pursuant to Article 2 of the Decision, it has been decided that the decision will enter into force on the day it is published. Also this
It is stated that the decision was made in accordance with Article 330 of the Execution and Bankruptcy Law No. 2004.
In Article 330 of the Execution and Bankruptcy Law No. 2004;
“In the event of an epidemic, a general calamity or a war, by the decision of the Executive Board, the country will be a part of the
Enforcement proceedings may be suspended for a certain period of time, either in part or in favor of some economic groups.
has been called.
First of all, it should be noted that article 330 of the Law No. 2004 was implemented for the first time in our country.
finds the area. The purpose of the relevant article will be revealed as stated in the justification of the article.
In cases such as natural disasters and epidemics, it is a necessity to protect citizens in accordance with the understanding of the social state.
For this reason, in the interpretation of the article, especially in accordance with the social state understanding of the legislator.
The desire to protect debtors should be taken into account. In addition, the regulation in question is only in 2004.
Collection Procedure of Public Receivables No. 6183, which covers the transactions made within the scope of Law No.
It should not be overlooked that it does not cover the transactions made pursuant to the Law on it.
