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07/05/2022

Property and Rights That Are Not Subject to Foreclosure

Rabia Ekşi Uncategorized @tr alanya, antalya, law, lawyer, mahmutlar

NON-CONFISCABLE PROPERTY AND RIGHTS
Decommissioning is one of the main issues of interest among the public regarding foreclosure transactions.
In the relevant articles of the Enforcement and Bankruptcy Code, it is clear which goods cannot be foreclosed on
stated. In addition, all types of goods that remain and provide material value can be foreclosed.
Mandatory kitchen utensils of the person are among the non-lienable. If you need to open this up a little…
these are the things he needs to keep his life going. In other words, the white goods in the kitchen are not one of them, they can be foreclosed. Even in foreclosures, which are usually made from houses, the main goods are these white goods. In addition, it is also possible to foreclose on all economically valuable goods such as sofa sets, TVs, music sets, satellite receivers, DVD players, carpets, vacuum cleaners from homes.
In addition, the house that is appropriate for the person cannot be foreclosed on. However, there are several conditions for this foreclosure
as a matter of fact, it seems that it has been foreclosed on in practice.
As for the goods that can be foreclosed, it cannot be foreclosed in accordance with the relevant article of the law below
all types of goods of value can be foreclosed, except for the specified goods and rights.
The most interesting of these is the watch on the person’s arm, gold, etc. there are liens that can be found and reproduced, such as imprint, jewelry, jewelry, a person’s locked safe and valuable documents inside (such as a check note), a crop in the field, a person’s mobile phone, the right to name a brand, solar energy of a house, large and small cattle, other animals of material value, etc., which are valuable mines, it is possible.
The relevant article of the said law;
the previous version of the law No. 2004,
GOODS AND RIGHTS THAT ARE NOT SUBJECT TO FORECLOSURE:
Article 82- (Amended article: 18/02/1965- 538/46 Art.)
The following things cannot be foreclosed:
1. Goods that are shown not to be confiscable in state property and special laws,
2. The debtor is obliged to provide the debtor with the necessary clothes and belongings for his person and professional and his family with the necessary
bedding and books for worship and their belongings,
3. Kitchen utensils and many necessary household items that are impossible to give up,
4. If the debtor is a farmer, he and his family have land and farm animals that are necessary for their livelihood, and
transport vehicles and other attachments and agricultural tools; if not, they are necessary for the arts and professional
tools and literature and books, as well as the livelihood of a small transport such as a coachman, boatman, porter
means of transportation that provide Jul,
5. If it is necessary for the administration of the debtor and his family, the debtor will prefer a dairy buffalo or cow or three goats or sheep and their quarterly feed and bedding,
6. The debtor and his family have two months of food and firewood, and the debtor is a farmer, the next crop
the seeds you need for,
7. If the borrower is a vineyard, garden, or fruit or vegetable grower, he and his family can earn a living
the garden that is necessary for the vineyard and the tools and tools that are necessary for this art,
For the property of the debtor himself and his family, whose livelihood is exclusive to raising animals
the required amount and quarterly feed and bedding of these animals,
8. Article 510 of the Code of Obligations limits the registration that has been established in order not to be foreclosed upon by the inventor with life,
9. Pensions paid to those who are disabled in the army and police services of the country, salaries paid to their families due to the performance of one of these services, as well as compensation and bonuses for flights and diving given to members of the air and submarine army, promotion granted to orphans of martyrs with military disabilities, and the provision of law No. 1485
according to the issued inhisar beyiye shares,
10. In cases such as illness, necessity and death by a muavenet chest or society
linked salaries,
11. Agree to it as compensation for damage caused to the body or health
or coins that are given to his family in bulk or in the form of irat, or should be given,
12. A house suitable for the borrower (But if the value of the house is too much, it is suitable for the cost of the house
the amount that can be taken in a place is foreclosed and sold to be left to the borrower.)
The provision of Article 807 of the Civil Code is reserved. in paragraphs 2, 3, 4, 5, 7 and 12
the exception is exclusive if the debt does not arise from the cost of this item.
Thursday, July 5, 2012 Official Gazette No: 28344
the final version of the law No. 6352, which came with the amendment dated 02.07.2012
paragraphs (2), (3) and (12) of the first paragraph of Article 82 of the Law No. 2004
as amended as follows, paragraph (13) below is replaced by clause (13) below
anecdotes are attached.
“2. All kinds of goods necessary for the borrower to maintain his profession, whose economic activity is based on the study of his body rather than his capital,
3. Necessary goods for debtors and family members living under the same roof, except for valuable things such as money, valuable documents, gold, silver, precious stones, antiques or ornaments; if there is more than one item used for the same purpose, one of them is,”
“12. The house suitable for the debtor’s condition,”
“13. Student scholarships.”
“The first paragraph (2), (4), (7) and the excess value of the goods listed in subparagraphs (12)
in case of this, an appropriate part of the price is foreclosed and sold to be left to the borrower in order to meet his needs.
The bailiff evaluates whether it is permissible to foreclose on the goods or rights requested for foreclosure and decides on the acceptance or rejection of the request.”

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