Enforcement Law – Bankruptcy Law

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The state prohibits individuals from obtaining rights on their own, and as a requirement of being a state of law, individuals have the right to demand the protection of their rights from the state or to gain them if they have been lost. It also takes the names of enforcement law/prosecution law and is a mixed law branch that enables the demands arising from substantive law to be fulfilled with the power of the state. Enforcement law and bankruptcy law are sub-branches within the law of prosecution. It carries out the acquisition of this request, which is made by a person who makes a request with the law of follow-up, and which arises from the substantive law. This demand means credit and debit.

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Follow-up procedures are divided into two as party follow-up proceedings and enforcement proceedings. What is meant by the party tracking process is the transactions carried out by the parties and generally the transactions that direct the follow-up. Enforcement proceedings, on the other hand, are the actions taken against the debtor by the executive bodies as a rule. The execution by the executive bodies, the execution against the debtor, and the execution of the enforcement in a way that will ensure the progress of the enforcement are the elements of the enforcement proceedings. Forced execution is divided into two in general terms, and these titles are also classified within themselves:

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• With Judicial Enforcement;

• sanctioned execution

• execution without judgment​

• Follow-up through foreclosure specific to bills of exchange
• Follow-up through the evacuation of leased immovables

• Follow-up of money receivables arising from subscription agreements

• Follow-up through general lien

• It is mentioned about the follow-up and minor execution by means of the Settlement of Pledge.

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One or more creditors stand in front of the debtor, and the execution of the enforced uncle is ensured with the movable or immovable property remaining in the debtor's assets. In this case, a proceeding is initiated by the creditor against the debtor, and after the follow-up is finalized, the debtor's goods in sufficient quantity for the said credit amount are seized, these goods are sold and the creditor's receivable is paid.

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• With the full execution;all of his creditors are against the debtor and the subject of the proceedings is all the assets of the debtor. This procedure is not applied for all debtors, but only for debtors subject to bankruptcy.

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With the bankruptcy proceeding, all the movable properties belonging to the debtor are sold and a payment is made against all known receivables of the debtor with the money obtained from the sale. If the money obtained from the sale of all the movable properties of the debtor cannot meet the receivables of all the creditors, the money obtained is divided among the creditors depending on their proportions.

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The principles that dominate the enforcement law are as follows:

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• Savings Principle,

• Bringing by the Parties Policy.

• Principle of Execution of Follow-up by Executive Bodies,

• Directness Principle,

• The Tracking Economy Principle,

• Publicity Principle,

• Written-Dictionary Principle,

• Legality Principle,

• Redemption Policy,

• Principle of Limited and Certain Forced Enforcement Ways,

• The Principle of Limited and Certain Forced Enforcement Measures,

• It is the Principle of Strict Adherence to Form.

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In our Law, no prison sentence is imposed in case of non-payment of the debt by the debtor with the Execution and Bankruptcy Law. The absence of a prison sentence will not mean that no sanction will be applied in terms of enforcement and bankruptcy law, and a healthy process can be carried out by taking necessary actions regarding a legal issue falling within the scope of enforcement and bankruptcy law.