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Changes Made In The Field Of Private Law With The 8th Judiciary Package In Turkey

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Eighth Judicial Package, officially published in the Official Gazette on 12.03.2024 under the name of Law on Amendments to the Code of Criminal Procedure...
Turkey Insolvency/Bankruptcy/Re-Structuring

Eighth Judicial Package, officially published in the Official Gazette on 12.03.2024 under the name of Law on Amendments to the Code of Criminal Procedure and Some Other Laws, brings significant changes in various areas such as criminal law, enforcement, and bankruptcy law, personal data protection law, and legal timeframes. In this article, we will examine the changes concerning private law.

Changes Made in the Enforcement and Bankruptcy Law with the Eighth Judicial Package

  • With the amendment law, a procedural regulation regarding the calculation of weekly timeframes has been introduced, and the regulation is now in compliance with the practice. With the amendment, Article 19 now includes the provision: "If the period is determined in weeks, it ends on the corresponding day of the last week it started."
  • The appeal period against judgments given by commercial courts in enforcement through bankruptcy proceedings has been extended from ten days to two weeks. The new regulation states, "An appeal may be filed within two weeks from the date of notification against these judgments. An appeal may also be filed within two weeks from the date of notification against the decision of the regional appellate court. Appeal and cassation reviews are conducted in accordance with the provisions of the Code of Civil Procedure."
  • The appeal and cassation periods against the decision to lift bankruptcy have been extended from ten days to two weeks. According to the new regulation, "An appeal may be filed within two weeks from the date of notification against the decision regarding the termination of bankruptcy. An appeal may be filed within two weeks from the date of notification against the decision of the regional appellate court."
  • After the completion of the liquidation following bankruptcy, when a decision is made to close the bankruptcy, the appeal and cassation periods have been extended from ten days to two weeks. According to the new regulation, "An appeal may be filed within two weeks from the date of notification against the decision regarding the closure of bankruptcy. An appeal may be filed within two weeks from the date of notification against the decision of the regional appellate court. Appeal and cassation reviews are conducted in accordance with the provisions of the Code of Civil Procedure."
  • In case of rejection of concordat, the objection period has been extended from ten days to two weeks. According to the new regulation, "If the concordat request is rejected after the evaluation of the postponement request, the debtor or, if any, the creditor requesting the concordat may appeal within two weeks from the notification of this decision."
  • The objection period against the decision regarding the concordat has been extended from ten days to two weeks. According to the new regulation, "The debtor or the creditor requesting the concordat may appeal within two weeks from the notification of the decision; other objecting creditors may appeal within two weeks from the announcement of the approval decision. An appeal may be filed within two weeks from the decision of the regional appellate court. Appeal and cassation reviews are conducted in accordance with the provisions of the Code of Civil Procedure."
  • The partial revocation of the concordat has been regulated in Article 308/e of the Enforcement and Bankruptcy Law. According to this, any creditor who has not been fulfilled in accordance with the concordat project can apply to the court that approved the concordat to revoke it while preserving the new rights gained under the concordat. The objection period for decisions made upon the revocation request has been extended from ten days to two weeks. According to the regulation, "An appeal may be filed within two weeks from the notification of the judgment given on the revocation request. An appeal may be filed within two weeks from the notification of the decision of the regional appellate court."
  • The appeal period for extraordinary respite arrangements has been extended from ten days to two weeks.
  • Objections can be made within two weeks from the notification date against the decisions of the execution court regarding detention and disciplinary imprisonment. According to the regulation, "Either the debtor or the creditors may appeal to the appellate court within two weeks from the notification date regarding the decision."
  • With the Eighth Judicial Package, the objection period for decisions regarding detention and disciplinary imprisonment by the enforcement court, which previously began from the date of tefhim (pronouncement to face), has been changed only to tebliğ (notification by mail) and the objection period has been extended. According to the new regulation, objections can be made within two weeks from the notification date against the decisions of the execution court regarding detention and disciplinary imprisonment. Previously, this regulation was set as within seven days from pronouncement or notification.
  • The period for appealing to the appellate court in the Enforcement and Bankruptcy Law has been changed from ten days from pronouncement or notification to two weeks from notification.
  • A regulation has been introduced regarding the appeal period for appealing to the appellate court in terms of the Enforcement and Bankruptcy Law. While previously, only the appeal and examination according to the provisions of the Code of Civil Procedure were stipulated, with the Eighth Judicial Package, the procedure for appeals has been separately regulated.

These changes in the Execution and Bankruptcy Law will come into effect on 01.06.2024.

Changes Made in the Turkish Civil Code with the Eighth Judicial Package

With the new judicial package, amendments have been made regarding guardianship in the Turkish Civil Code. The conditions for restriction concerning individuals sentenced to imprisonment have been made more stringent. According to the new regulation, "An adult individual serving a finalised prison sentence in a correctional facility may be restricted upon their request. An adult individual serving a total of five years or more of finalised imprisonment may be restricted, even if they do not request it, if it is deemed necessary for the protection of their personality or assets." Previously, adults sentenced to imprisonment for one year or longer were restricted. However, with the amendment, restriction is primarily left to the individual's will, and in cases of five years or more of finalised imprisonment, restriction may be imposed if it is deemed necessary for the protection of their personality or assets. Additionally, before a restriction decision is made, the guardianship authority will listen to the convicted person.

According to Article 432 of the Turkish Civil Code, any adult individual posing a danger to society due to mental illness, mental weakness, alcohol or drug addiction, severe infectious disease posing a serious risk, or vagrancy may be placed or detained in a suitable institution for treatment, education, or rehabilitation if their personal protection cannot be ensured otherwise. An objection mechanism has been introduced against placement decisions. According to the new regulation, the placement decision based on a physician's preliminary report will be immediately notified to the individual concerned and their relatives, and the individual or their relatives may object to this decision within ten days from the notification. However, the objection will not suspend the execution of the decision, and the objection will be promptly resolved by the supervisory authority.

In the previous version of the law, it was regulated that the restriction due to a conviction resulting in deprivation of liberty ceased automatically with the end of the imprisonment. However, the end of imprisonment was defined quite broadly, and there were questions about whether it ended legally or unlawfully. With the amendment, this ambiguity has been resolved. According to the new regulation, it is stated that the restriction will be lifted upon the lawful termination of the imprisonment sentence. Additionally, a provision has been introduced stating that the restriction status will be terminated if the following conditions exist while the imprisonment sentence continues:

Accordingly, guardianship may be terminated if the following conditions exist during the imprisonment:

  1. Upon the request of the individual, the cessation of the need for the protection of their personality or property due to the enforcement of restriction decisions given for the execution of a total of five years or more of final imprisonment sentences.
  2. Upon the request of the individual, the cessation of the need for the protection of their personality or property due to the enforcement of restriction decisions given for the execution of a total of five years or more of final imprisonment sentences.

These changes in the Turkish Civil Code entered into force on 12.03.2024.

Changes Made in the Consumer Protection Law with the Eighth Judicial Package

With the Eighth Judicial Package, the appeal period against decisions of consumer arbitration boards has been shortened. The aim is to harmonize the appeal and review periods in the judiciary. According to the new regulation, parties may appeal to the consumer court of first instance located in the jurisdiction of the consumer or the consumer arbitration board within two weeks from the notification date against the decisions of consumer arbitration boards. Previously, this period was set as 15 days.

These changes in the Consumer Protection Law will come into effect on 01.06.2024.

Changes Made in the Code of Civil Procedure with the Eighth Judicial Package

With the amendments in the Code of Civil Procedure, the notification procedure for decisions on the judge's recusal request has been abolished, and the timeframe has been extended. According to the new regulation, in cases and proceedings where the main judgment is subject to appeal and cassation, appeals may be filed to the appellate court within two weeks from the notification date against the decisions of the authority regarding the judge's recusal request. Previously, appeals could be made within one week from pronouncement or notification for cases and proceedings where the main judgment is subject to appeal and cassation.

The objection period for decisions rejecting requests for legal aid has been extended to two weeks as part of the efforts to standardize timeframes. According to the new regulation, objections can be made within two weeks from the notification date by submitting a petition to the court that issued the decision rejecting the request for legal aid.

In cases where an appeal is filed late or in cases of definitive judgments, the appeal is rejected. The objection period to this decision is extended to two weeks from the notification date. Previously, this period was one week from pronouncement or notification for cases of late appeal or definitive judgments.

Regarding the enforcement of interim injunction orders, any person who fails to comply with or violates an interim injunction order within six months from the date the violation is discovered may be sentenced to disciplinary imprisonment for up to six months upon complaint. While the previous version of the law allowed parties to object within one week from pronouncement or notification against such decisions, the new regulation extends this period to two weeks from the notification date.

These changes in the Code of Civil Procedure will come into effect on 01.06.2024.

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.

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