Turkey: Latest Amendments To The Debt Enforcement And Bankruptcy Law, Introduced With The Law No.6352

Last Updated: 11 September 2013
Article by Işıkal Law Office

The Debt Enforcement and Bankruptcy Law, that was amended by the "Law on the Effect and Enforcement of the Turkish Commercial Code No.6103" published in the Official Gazette dated 14.02.2011 No.27846 and put into effect as of 1.7.2012, was given a new look by the Turkish Code of Obligations that was put into effect as of he same date, and was finalized with the first thirty eight articles of the Law No.6352.

Two general provisions were issued on the effecting of the amendments made by the Law No.6352 on the Debt Enforcement and Bankruptcy Law; Article 106 and the Provisional Article 10. The amended provisions can be generally categorized as follows, based on their effective dates:

Amendments effective as of July 5th 2012 are as follows:

  • rearrangement of the organization of debt enforcement offices
  • all decisions of a debt enforcement officer being reasoned
  • cases in an enforcement court being urgent in nature
  • enforcement proceedings without judgment being prohibited against foreign states
  • warnings with enforcement order in enforcement proceedings with judgment against foreign states
  • enforcement indemnifications being reduced to an aggregate 20%, the indemnification covering the accessories of the receivables
  • non-seizure of the student scholarships and household goods
  • Non-practicability of protective measures in cases where third parties claim ownership or other rights in kind on the seized goods or accept receivership
  • in cases where the attachment is released since the creditor did not duly request sale, the creditor being liable for the expenses related to the relevant goods
  • discretionary power of the enforcement officer...

Amendments effective as of January 5th 2013 are as follows:

  • electronic procedures being available
  • payment by the debtor to the bank account of the enforcement office, payment by the enforcement office to the bank account of the creditor
  • notification of the notice of levy to the registered office of the third party
  • shortening of sale request periods
  • sale of movables within 2 months
  • electronic sales announcements and electronic bidding for auctions being possible for movables and Immovables
  • sale of immovables within 3 months
  • opening of the first and second auctions in immovable sales at the highest bid, and both auctions being based on 50% of the estimated value
  • except for apartment flats, deposit of the collected amounts to the bank about by the end of the working hours on the business day following the day of collection...

As seen above, the Law No.6352 includes amendment provisions that introduce non-negligible modifications in almost every aspect of the Debt Enforcement and Bankruptcy Law. First of all, it requires that all decisions of the enforcement officer being reasoned in any phase of the proceedings. Actions otherwise would be a matter of plaint as per Art.16 of the Law. On the other hand, the provision requiring compulsory execution for the goods belonging to the debtor state in enforcement proceedings with judgment against foreign states is effective as of July 5th 2012, and for all warnings regarding enforcement order issued after such date, enforcement proceedings without judgment is strictly prohibited against foreign states. The "Non-Seizure" concept defined in Article 82 of the Debt Enforcement and Bankruptcy Law will also include any goods needed by the debtors whose economic activity is depended on physical labor rather than capital, and student scholarships. In addition, "essential household goods" are also excluded from the context of seizure. Creditors who failed to request sale of goods within the legal time period or who failed to deposit the expenses required as per the decision of the enforcement officer within fifteen days or who failed to withdraw his/her request and renew such request within the legal time period, will become liable for all related expenses (such as seizure and protection expenses) as of July 5th 2012, if he/she causes the release of attachment because of the aforementioned actions. One of the greatest innovations introduced by Article 8a of the Law No.6352 is related to the transactions that can be made electronically. Such regulation allows for electronic auction announcements and bids. Moreover, electronic follow-up requests over the National Judiciary Informatics System (UYAP) are possible as of January 5th 2013. Surely, no new follow-up requests or payment orders will be required at the completion of a proceeding, if such proceeding is initiated before January 5th 2013 and the follow-up request and the payment order is filled out in accordance with the previous regulation. Payment request periods are reduced to half. Such periods are reduced to 6 months from 1 year for movables and receivables, and to 1 year from 2 years for immovables. The Law introduces a new general regulation that fixes the enforcement indemnity amounts to a rate of 20%. Again, as of January 5th 2013, complementary auction is no longer required for movables, and the sale is canceled if the auction amount is not paid in the first auction.

In summary, the Law No.6352 introduces comprehensive changes covering creditors, debtors and third parties. Such provisions include significant new aspects especially on loan contracts, that must be clearly understood, and take their place in our law practice as supplementary components.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions