The Law Amending the Law on Execution and Bankruptcy and the Law on Misdemeanors
The Law on Amendments to the Code of Criminal Procedure and Certain Acts No. 7499 (Law), which includes amendments to the Law on Execution and Bankruptcy No. 2004 and Law on Misdemeanors No. 5326, was published in the Official Gazette dated 12.03.2024 and numbered 32487.
The amendments to the Law on Execution and Bankruptcy, which will enter into force on 01.06.2024, can be briefly summarized as follows:
- Amendments have been made to the provisions of the Law on Execution and Bankruptcy regarding the periods. It is regulated that if the period is determined in weeks, it shall end on the day in the last week corresponding to the day on which the period started.
- The ten-day legal remedy periods provided under Art. 164/2 (decisions given by the court in bankruptcy proceedings), Art. 182/2 (cancellation of bankruptcy), Art. 254/4 (closure of bankruptcy), Art. 293/2 (rejection of the concordat request), Art. 308/a/1 (decisions on concordat), Art. 308/e/2 (partial termination of the concordat), Art. 309/p (examination of the application and legal remedies) Art. 320/1 (extraordinary grace period), Art. 353/1 (decisions of the court of execution regarding preventive detention and disciplinary imprisonment) and Art. 363/1 (final provisions on legal remedies), have been amended as two weeks.
- It has been stipulated that an appeal can be filed within two weeks from the date of notification against the final decisions issued by the civil departments of the Regional Court of Appeal, the amount or value of which exceeds fifty-eight thousand eight hundred Turkish Liras, and that the application and examination shall be made in accordance with the Code of Civil Procedure.
The amendments to the Law on Misdemeanors regarding administrative fines, which will enter into force on 01.06.2024, can be briefly summarized as follows:
- Under Law on Misdemeanors No. 5326, it has been stated that the decisions given upon application against administrative fines up to and including fifteen thousand Turkish Liras are final.
All rights of this article are reserved. This article may not be used, reproduced, copied, published, distributed, or otherwise disseminated without quotation or Erdem & Erdem Law Firm's written consent. Any content created without citing the resource or Erdem & Erdem Law Firm’s written consent is regularly tracked, and legal action will be taken in case of violation.
Other Contents
The issue of whether the intervener has the right to apply for legal recourse in administrative cases, which has long led to contradictions and different interpretations between the decisions of the chambers and boards of the Council of State, has been clarified...
The Regulation on the Procedures and Principles Regarding the Electronic Seal (Regulation) entered into force through its publication in the Official Gazette dated 14.09.2022 and numbered 31953. Main novelties brought by the Regulation are...
Deadline regarding Message Management System is approaching
Deadline of the Message Management System was postponed
The Regulation on the Electronic Notification by the Social Security Institution was Published