Execution, The Competent Place for the Objection to the Valuation is the Execution Court – Supreme Court Decision

T.C.
SUPREME
20. law office
MAIN NUMBER: 2017/9857
DECISION NO: 2017/9650
DECISION DATE: 20.11.2017

>>THE COMPETENT PLACE FOR THE OBJECTION TO THE APPRAISAL IS THE EXECUTIVE CIVIL COURT.

SUMMARY: The competent Executive Civil Court for the objection to the valuation discretion.. if the valuation has been made by another Enforcement Directorate by means of an instruction, the authority to examine the objections regarding the valuation also belongs to the Enforcement Court to which that enforcement agency is affiliated.

In the case between the parties … Enforcement Law and … 11 Dec. Separate jurisdiction by the courts of law enforcement due to the decision of the file if it is issued after the expiration of the final decision in the Regional Justice Courts operational for two different regional justice by the courts and jurisdiction the jurisdiction of the court be issued Law No. 5235 36/3 mutual decision. in accordance to the jurisdiction of the duties within the jurisdiction of regional courts, law offices of first instance civil courts to resolve disputes between the authority and duty to help you, because the place of jurisdiction for determination of examined all the documents in the file that is sent, duly noted:

decision

The case is related to the objection to the valuation discretion.

… By the Executive Court; … 5. 12/07/2016 written in the history of the Executive Office the executive office in writing instruction exclusively in the county, housing mainly the process of asset appreciation from the bottom to the sale of the vehicle he wants to get done, where the operation was established in accordance with the instruction Execution By…, this demand of the debtor’s movable and immovable property rights and receivables in the direction of the foreclosure of third persons, and is of a general nature, but not the point of asking for the foreclosure of a certain property on the grounds that it is written in the format of foreclosures has been given jurisdiction’s decision to

… 11. 128 of light to work by the law enforcement Tribunal/a-1 in accordance with the complaints about the valuation, appraisals where the court is located in the Executive Office who should be made to an affiliate of execution, appraisals of the Executive Office of Instruction No. 2016/89 it is understood that the file was made from, but depending on where that is located after the Executive Directorate of the competent court, the court has been given jurisdiction on the grounds that the decision to

4/1 of the IIK No. 2004. in its article “… The examination of complaints and objections made against the treatment of the execution and bankruptcy offices is carried out by the judge of the execution court or by the judge who has been assigned this duty in accordance with the law …”
79 of the same Law. in the article“ “The enforcement office finally makes the seizure within three days of the request. If the goods to be seized are elsewhere, he immediately writes to the enforcement office of the place where the goods are located to make a seizure. In this case, complaints related to foreclosure are resolved by the enforcement court to which the enforcement office to which the appeal is made is subject …”The provisions are included.

As can be understood from the mentioned legal regulations, the objections and complaints related to this follow-up are resolved by the enforcement court to which the enforcement directorate is affiliated at the place where the follow-up was carried out. However, if the goods to be seized are located elsewhere, the place where the goods are located by instruction is examined by the enforcement court to which the enforcement agency that made the seizure is affiliated in complaints about the seizure made by the enforcement directorate.

In the concrete case, since the valuation is made by the Enforcement Directorate through the instruction, the authority to examine the objections regarding the valuation is … 11. It belongs to the Executive Court.

CONCLUSION : For the reasons described above; 21 and 22 of HMK No. 6100. according to the articles; … 11. The DETERMINATION of the Executive Court AS THE PLACE of JURISDICTION was decided unanimously on 20/11/2017.

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