SUSPENSION OF JUDICIAL ACTS, EXECUTION AND BANKRUPTCY PROCEEDINGS
CLOSURE OF POST OFFICES AND ITS EFFECTS TO THE NOTICES SERVED THROUGH NOTARY PUBLIC
As stated in our previous Newsletters, all execution and bankruptcy proceedings except for the execution proceedings related to the alimony receivables, the cautionary attachments (in Turkish, “ihtiyati haciz”), all terms regarding the originating, the use and the termination of rights including those related to the filing of a lawsuit, initiation of enforcement proceedings, applications, plaints, objections, notifications, submissions, prescription terms and mandatory administrative application terms, the terms determined in laws as to the parties and the terms determined by judges, the terms in mediation and reconciliation have been suspended until 30 April 2020, in accordance with the Presidential Decision No.2279 regarding the Suspension of Execution and Bankruptcy Proceedings (in Turkish, “İcra ve İflas Takiplerinin Durdurulması Hakkında Karar”) published in the Official Gazette, entered into force on 22 March 2020 and as per the Code Amending Certain Laws No.7226 published in the Official Gazette on 26 March 2020.
As required by provisional article 1(2) of the Code No.7226, legal periods related administrative sanctions, completing acts on precautionary measures under Civil Procedure Code and especially certain legal periods to criminal law remain in effect and shall be respected. As such, all civil matters scheduled for proceedings shall be held after duration of suspension and the Courts shall hear only emergency and urgent matters during this term.
As prescribed by 30 March 2020 dated General Assembly Resolution of the Supreme Council of Judges and Prosecutors, all proceedings related to first instance jurisdictions, administrative courts and regional courts of justice (in Turkish ‘İlk Derece Mahkemeleri, İdare Mahkemeleri ve Bölge Adliye Mahkemeleri’) shall be postponed until 30 April 2020 except for files regarding detainees (only for evaluation of detention due to legal obligation), investigation and prosecution files close to its prescription date, demands on issue of stay order (in Turkish, “Yürütmenin Durdurulması İstemi”) and other urgent matters mentioned above such as alimony receivables.
Kindy note that during this suspension period judges and prosecutors will continue to fulfil their legal work obligations regarding files and decisions of proceedings, as far as possible within the scope of the flexible work measures implemented. The reassessment in this suspension matters will be made after suspension period.
Finally, we would like to inform you that as per the announcement published by the Postal and Telegraph Services JSC (PTT) at its official website on 2 April 2020, it is decided to close down some branches of PTT until a further decision as from 3 April 2020. This decision is particularly important for the notarial offices collaborating with the PTT branches subject to such closure decision for the dispatch of the legal instruments, such as notices, warnings. As a precaution aiming to avoid any inconveniences that may result from such closure, PTT shuttle services shall commute to the relevant locations to collect the items to be dispatched via postal service as per a certain schedule. In any case, in the light of this new decision for closure, it has been advised by the Association of Turkish Notary Publics to the notarial offices that the written warnings to be dispatched via notary public offices shall be received by the notarial offices even in cases where no PTT shuttle service would be available; however, in such cases when the dispatch cannot be proceeded to, the reception shall be made upon execution of a minutes stating that the dispatch of the document shall be made once the PTT offices resume their activity.
Our Law Firm remains at your disposal for any further clarifications you may need about the subject matter.