Property and Rights Not Permitted to Seizure

IMPLIED PROPERTY AND RIGHTS
It is one of the main issues that people wonder about foreclosure transactions.
It is clearly stated in the relevant articles of the Enforcement and Bankruptcy Law which goods cannot be seized.
stated. Apart from this, all kinds of goods that are of material value can be seized.
Mandatory utensils of the person cannot be seized. To unpack this a little,
These are the things they need to survive. In other words, the white goods in the kitchen are not among them, they can be confiscated. In fact, the main goods in foreclosures made from houses are these white goods. Likewise, it is also possible to seize all goods of economic value such as sofa sets, TVs, stereos, satellite receivers, DVD players, carpets, vacuum cleaners from houses.
In addition, a person’s home suitable for his condition cannot be seized. However, various conditions here
can make it possible, as it is seen that it is foreclosed in practice.
As for the seizable goods, it is stated below that they cannot be sequestrated.
Except for the specified goods and rights, any property of value can be seized.
The most interesting of these are the watch, gold, etc. on the arm of the person. valuable metals such as imprint, jewelry, jewellery, locked safe of the person and valuable documents (such as checks and promissory notes), crops in the field, mobile phone of the person, naming rights of a brand, solar energy of a house, large and small cattle, other animals of material value. There are liens with examples of which it is possible to reproduce, it is possible.
The relevant article of the law in question;
The previous version of the law numbered 2004,
PROPERTY AND RIGHTS THAT ARE NOT LEASED:
Article 82- (Amended article: 18/02/1965- 538/46 Art.)
The following items cannot be seized:

  1. State property and property that is shown not to be seizable in special laws,
  2. The debtor and his family, with the clothes and belongings necessary for the debtor’s person and profession,
    bedding and books and articles for worship,
  3. Indispensable kitchen set and very necessary household goods,
  4. The debtor farmer is the land and farm animals necessary for his and his family’s livelihood, and
    transport vehicles and other attachments and agricultural implements; if not, what is necessary for art and professional
    tools and equipment and books and the livelihood of small transporters such as coachmen, boatmen, porters.
    means of transport,
  5. If necessary for the administration of the debtor and his family, a milking buffalo or cow or three goats or sheep of the debtor’s choice and their quarterly feed and bedding,
  6. Two months’ worth of food and fuel for the debtor and his family, and the future crop if the debtor farmer
    seeds needed for
  7. If the debtor is a vineyard, garden or fruit or vegetable grower, his and his family’s livelihood
    Vineyard and garden essential for this art and tools and equipment necessary for this art,
    For the subsistence of the debtor himself and his family, whose livelihood is devoted to raising animals
    the necessary amount and the three-month feed and bedding of these animals,
  8. Earns with life the record, which was established not to be seized pursuant to Article 510 of the Code of Obligations,
  9. Pensions paid to the disabled in the army and police services of the country, salaries paid to their families due to the performance of one of these services, flight and diving compensations and bonuses given to the air and submarine members of the army, Promotion increase given to the orphans of martyrs and martyrs with military disabilities, and according to the law no. 1485
    monopoly shares granted according to
  10. In cases such as illness, necessity and death by an aid fund or society
    paid salaries,
  11. As compensation for the damage to the body or health,
    or the money given or to be given to his family in the form of a lump sum or annuity,
  12. House suitable for the debtor’s condition (However, if the value of the house is high,
    The amount that can be bought a place is sold by sequestration to be left to the debtor.)
    The provision of Article 807 of the Civil Code is reserved. in clauses 2, 3, 4, 5, 7 and 12
    The exception is only if the debt does not arise from the price of this item.
    Thursday, JULY 5, 2012 Official Gazette Number: 28344
    The final version of the law that came with the amendment numbered 6352 dated 02.07.2012
    Subparagraphs (2), (3) and (12) of the first paragraph of Article 82 of the Law No. 2004
    It has been amended as follows, the paragraph with the following subparagraph (13) and the article below:
    paragraphs have been added.
    “2nd. All kinds of goods necessary for the debtor whose economic activity is based on his physical work rather than his capital to continue his profession,
  13. Necessary items for the debtor and family members living under the same roof, excluding valuables such as money, valuable papers, gold, silver, precious stones, antiques or ornaments; If there is more than one item used for the same purpose, one of them”
    “12. A suitable house for the debtor’s condition,”
    “13. Student scholarships.”
    “The value of the goods listed in subparagraphs (2), (4), (7) and (12) of the first paragraph is excessive.
    In the event of such a situation, an appropriate portion of the price is paid to the debtor in order to meet his needs.

Sold by foreclosure.
The bailiff evaluates whether the seizure of the property or rights for which the seizure is requested is permissible and decides whether to accept or reject the request.

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