Client Alert:

LAW SUSPENDING THE PROCEDURAL DEADLINES IS NOW PUBLISHED IN THE OFFICIAL GAZETTE

LAW SUSPENDING THE PROCEDURAL DEADLINES IS NOW PUBLISHED IN THE OFFICIAL GAZETTE

This article is one of many articles we have published in relation to the legal implications of Covid-19. Please click here for our “Covid-19 Insights” page and other articles.

We have already shared with our readers the details of the precautions implemented to curb the spread of COVID-19 in Turkey.

While COVID-19 continues to spread, on 25.03.2020, the Grand National Assembly enacted the Law No. 7226 (“Law”) on the suspension of the procedural deadlines for the purpose of preventing loss of any rights due to the pandemic.

Pursuant to the provisional article 1 of the Law published in the Official Gazette No. 31080 (Duplicate) dated 26.03.2020:

(i) as from 13.03.2020, all deadlines for filing an action, application, complaint, objection, notice; prescription periods, the periods in mediation and conciliation procedures, and the periods – including the ones granted by judges – stipulated with respect to the parties by civil, administrative and criminal procedural laws,

(ii) as from 22.03.2020, all periods – including the ones granted by the judges and the bailiff’s offices – stipulated by enforcement and bankruptcy regulations, all enforcement and bankruptcy proceedings, except those regarding alimony claims, new requests for enforcement, any actions for the enforcement of precautionary attachment orders,

have been suspended until 30 April 2020.

Furthermore, the deadlines that will expire within fifteen or less days as from the beginning of the suspension shall be extended for fifteen days starting from the first day following the end of the suspension.

Additionally, in the event that a public auction for the sale of goods/rights through execution proceedings has been scheduled to a date that falls within the suspension period, bailiff offices shall set ex officio a new auction date once the suspension ends.

During the suspension, the debtors may still make payments to the execution files and any of the parties to the execution proceeding may request that actions in favour of the other be enforced . For instance, if a debtor, whose assets have been seized, honours the debt, the creditor may apply for lifting of the seizures.

On the other hand, the prescription periods for imprisonment and administrative sanctions, the periods in relation to the protective measures stipulated by the Criminal Procedural Code and the deadlines in relation to the injunction orders stipulated by the Civil Procedure Code No. 6100 are excluded from the scope of the suspension.

The consequences of the grace periods in concordat procedures shall continue for both the debtor and the creditor during the suspension.

Last but not least, should the effects of the pandemic continue, the suspension may be extended for once and up to six months by a Presidential Decree to be published in the Official Gazette. In such a case, the scope of suspension may be restricted.

Our firm will continue to update our clients and friends of the firm of any developments regarding the precautions being implemented with regard to the legal effects of COVID-19 pandemic. Please do not hesitate to contact us if we can be of any assistance to you.

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