The Competent Court in the Case of Objection to the Valuation Discretion

T.C. SUPREME COURT 20. law office

Main No.:2017/9857 Decision No.: 2017/9650 Decision Date: 20.11.2017

CASE OF OBJECTION TO VALUATION DISCRETION – GOODS BY INSTRUCTION
THE PLACE WHERE IT IS LOCATED IS RELATED TO THE FORECLOSURE MADE BY THE ENFORCEMENT DIRECTORATE
THE ENFORCEMENT OFFICE THAT MAKES THE SEIZURE IN THE COMPLAINTS IS CONNECTED TO
THE NEED TO OBSERVE THAT THE ENFORCEMENT COURT IS COMPETENT

SUMMARY: If the goods to be seized are located elsewhere, the place where the goods are located is examined by the enforcement court to which the enforcement office that made the seizure is affiliated in the complaints about the seizure made by the enforcement directorate. For this reason, since the valuation is made through the instruction, the enforcement court to which the enforcement agency that makes the seizure of the valuation objections should be determined as the place of jurisdiction.
(2004 P. K. m. 4, 79, 128 / A) In the case between the parties … Enforcement Decision11. 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:
The case is related to the objection to the valuation discretion.
… By the Enforcement Court; … 5. 12/07/2016 written in the history of the Executive Office the executive office in writing instruction exclusively in the county, housing asset appreciation from the bottom to the sale of the vehicle he wants to get the process done, mainly, by the operation execution instruction … was established in accordance with this demand, the debtor’s movable and immovable property 3. a decision of non-authorization was made on the grounds that it was written in the form of a point seizure requesting the seizure of a certain property in the direction of the seizure of the rights and receivables of individuals and is not of a general nature. … 11. As for the Execution Civil Court, pursuant to Article 128 / a-1 of the IIK, the complaint regarding the valuation should be made to the enforcement court to which the enforcement office making the valuation is affiliated, the valuation was made from the file of the Enforcement Office numbered 2016/89 Instructions, it is understood that the competent court is the enforcement court to which the Enforcement Directorate is affiliated, and a decision of non-jurisdiction was made. 4/1 of the IIK No. 2004. in article 79 of the same Law “… 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 the judge who has been assigned this duty in accordance with the law …”. in its article, on the other hand, “The enforcement office finally makes the seizure within three days of the request. If the goods to be seized are located 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 shall be resolved by the enforcement court to which the enforcement office to which the appeal is made is subject …”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 is examined by the enforcement court to which the enforcement agency that made the seizure is affiliated in the 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 the CCP No. 6100. according to the articles; … 11. It was decided unanimously on the day of 20/11/2017 to DESIGNATE the Executive Court AS THE PLACE OF JURISDICTION.

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