IMPLIED PROPERTY AND RIGHTS
It is one of the main issues that people wonder about in foreclosure processes.
It is clearly stated in the relevant articles of the Execution and Bankruptcy Law that which goods cannot be seized.
stated. Apart from this, all kinds of goods of monetary value can be confiscated.
Mandatory belongings of the person cannot be confiscated. To unpack this a little
These are the things they need to survive. In other words, white goods in the kitchen can be confiscated, not among them. In fact, the main item in foreclosures made from houses is these white goods. Likewise, it is possible to confiscate all items of economic value such as sofa sets, TVs, stereos, satellite receivers, DVD players, carpets, vacuum cleaners.
In addition, a house suitable for the person’s situation cannot be confiscated. However
Various circumstances may make this possible here, as in practice it appears to be foreclosed.
It is stated below that the confiscated goods cannot be seized.
Apart from the specified goods and rights, all kinds of valuable goods can be confiscated.
The most interesting of these is the watch, gold, etc. on the arm of the person. stamps, jewels, precious metals such as jewellery, the person’s locked safe and valuable documents (such as cheques, promissory notes), crops in the field, the person’s mobile phone, brand name rights, solar energy of the house, large and small cattle, other animals with material value. There are liens that can be reproduced with examples, it is possible.
The relevant article of the said law;
The previous version of the Law No. 2004, NOT LEASED
GOODS AND RIGHTS:
Article 82- (Amended article: 18/02/1965- 538/46 art.)
The following items cannot be lien:
State property and property that cannot be seized in private laws,
The debtor and his family, clothes and goods suitable for the debtor’s personality and profession,
bedding and books and articles for worship,
Indispensable kitchen set and essential household items,
The debtor farmer is the owner of the land and livestock necessary for his and his family’s livelihood.
transportation vehicles and other attachments and agricultural implements; if not, art and professional
necessities for tools and equipment and books and for the livelihoods of small hauliers such as coachmen, boatmen, porters.
means of transport,
If necessary for the management of the debtor and his family, a milking buffalo or cow or three goats or sheep of the debtor’s choice, and quarterly feed and bedding,
Two months of food and fuel for the debtor and his family and the debtor farmer
the future crop your seeds need
If the debtor is a vineyard, garden or fruit or vegetable grower, he and his family’s livelihood
The necessity of the vineyard and garden for this art and the necessary tools and equipment for this art
raising the necessary amount of animals for the subsistence of the debtor himself and his family
and quarterly feed and bedding of these animals,
He/she wins the registration, which is arranged not to be seized in accordance with Article 510 of the Code of Obligations, with a life sentence,
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 air and submarine army members, the promotion increase given to orphans and military disabled children of martyrs and martyrs and according to Law No. 6698.
1485 monopoly shares issued in accordance with
In cases such as illness, necessity, death, the aid fund or the association
salaries paid,
as compensation for damage to body or health, or
money given or to be given to the family in the form of a lump sum or daily wage,
Housing suitable for the debtor’s situation (However, if the value of the house is high,
the amount that can be purchased of a place is sold through foreclosure to be left to the debtor.)
The provision of Article 807 of the Civil Code is reserved. Articles 2, 3, 4, 5, 7 and 12
The exception applies only if the debt is not due to the price of this item.
Thursday, JULY 5, 2012 Official Gazette Number: 28344
The final version of the law that came with the amendment dated 02.07.2012 and numbered 6352
Subparagraphs (2), (3) and (12) of the first paragraph of Article 82 of the Law No 2004
It has been amended as follows, paragraph (13) and the following clause:
paragraphs have been added.
“2. All kinds of goods necessary for the debtor to continue his profession, whose economic activity is based on his physical work rather than his capital,
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 house suitable for the borrower’s status”
“13. Student scholarships.”
“The value of the goods listed in subparagraphs (2), (4), (7) and (12) of the first paragraph is excessive.
In such a case, an appropriate portion of the price is paid to the debtor to meet his needs.
Sold by foreclosure.
The bailiff evaluates whether it is permissible to confiscate the property or rights for which the lien is requested and decides whether to accept or reject the request.