Enforcement and Bankruptcy Law

The state ensures the application of legal rules it establishes, preventing disruption of the established balance, thereby fulfilling its duty to maintain legal order and peace. Individuals whose rights are denied or violated must first apply to competent judicial authorities to obtain a favorable decision for the protection or restoration of their rights. If the decision is not implemented voluntarily, the enforcement of the right must be carried out forcibly. The forced execution of rights can only be performed through state organs; as a rule, taking rights independently is prohibited.

This process involves two stages: first, the right is determined or ordered to be performed. If the obligated party fails to comply, in the second stage, competent enforcement courts execute the right forcibly. In this broader sense, enforcement and bankruptcy bodies are included in judicial authorities. The Enforcement and Bankruptcy Office is responsible for applying the provisions of enforcement and bankruptcy law. To prevent abuse of authority by officers such as enforcement or bankruptcy directors, these offices are subject to supervision. Individuals harmed by irregular practices of the enforcement and bankruptcy office can file complaints. Such oversight improves the effectiveness of enforcement proceedings.

ENFORCEMENT PROCEDURES
In general, enforcement procedures are actions that direct and shape enforcement processes. They are divided into:

1. Party Enforcement Actions: Actions performed by the parties within the enforcement procedure that guide the process, such as filing a petition, seizure, and sale requests.

2. Official Enforcement Actions: Actions performed by enforcement organs against the debtor to advance compulsory execution, such as notification of payment orders, seizures, and sales.

An enforcement procedure must satisfy three elements:

• Conducted by enforcement authorities

• Directed against the debtor

• Facilitate the progress of compulsory execution

TYPES OF ENFORCEMENT PROCEEDINGS

• Enforcement with a Judgment (Ilamlı İcra)

• Enforcement without a Judgment (İlamsız İcra)

• Enforcement via Conversion of Pledge into Money

• Mortgage Enforcement

• Bill of Exchange Enforcement

• Lease Enforcement

• Child Custody Enforcement

• Alimony Enforcement

ENFORCEMENT FEES AND EXPENSES
All costs incurred to carry out and complete enforcement proceedings are called enforcement fees and expenses. These include:

• Fixed filing fees

• Advance fees for enforcement without judgment (0.5% of the claim)

• Collection fees upon successful enforcement

Enforcement expenses cover costs necessary for the proper execution of enforcement actions, including notification, postage, seizure, liquidation, safeguarding or management of seized assets, expert fees, and travel expenses. Attorney fees are also considered enforcement expenses and are calculated according to the minimum fee schedule.

RESPONSIBILITY FOR FEES AND EXPENSES
Enforcement fees and expenses are ultimately borne by the party who loses the case. If the creditor withdraws before the sale or distribution stage, the debtor is not responsible for these costs.