COVID-19 BASED CHANGES
All countries have started to take a series of serious precautions against the fact that the virus named Covid-19 suddenly affected the World and caused danger of death. In this context, many measures have been taken to prevent the epidemic in our country. From these measures, it was necessary to provide information on what changes were affecting the legal relations of our citizens.
CHANGES RELATED TO RENTAL LAW
1-Law No.7226 was published in the Official Gazette on 26.03.2020 and entered into force. With this law, many regulations have been made in different areas. An arrangement was made with the law, which is also one of the subjects that concern the society the most, about the rent of residence and workplaces. According to this arrangement,
’’ Failure to pay the rental cost of workplace meant to be working from 1/3/2020 until 30/6/2020 is not a reason for termination and evacuation of the lease.’’
It is seen that the regulation is only related to the workplaces and does not cover the residences. Within the scope of the fight against coronavirus, since many businesses have been closed, lawmakers have taken the decision that it will be unfair to evacuate from the workplaces because he could not pay rent from 1 March 2020 to 30 June 2020.
2-However, an important point to be noted here is that only the "evacuation" can be stopped due to unpaid rent debts between these dates. The fact that the evacuations are stopped does not mean that rents for these months will not be paid. In other words, if the businesses do not pay the rent in March, April and June, enforcement proceedings can still be made about them, but they cannot be evacuated. The problem of whether the rent debt may be eliminated because of workplaces which become unusable due to force majeure is not answered by the law. Legal disputes will definitely occur on this matter and this question will be answered by the judiciary.
3-For now it should be known according to the amendment of the law, It is the fact that the obligation to pay the lease debts for March, April and June does not disappear, but the workplaces cannot be evacuated due to the fact that no payment is made for these months and no rent is paid for these months.
4-No arrangements have been made so far regarding the places that are not commercially used, namely the residences. Since the residences continue to be used, the lease debt continues.
CHANGES RELATED TO THE ENFORCEMENT LAW
1-With the Decision of the President No. 2279, all execution proceedings and transactions have been stopped from the date of 22.03.2020 until 30/04/2020. Follow-up related to alimony and enforcement of injuction orders issued by courts regarding custody of a child are exceptions. If someone is supposed to receive alimony of poverty, participation or assistance and the alimony debtor does not pay the alimony, new enforcement proceedings can be opened. However, apart from this, it is clearly stated in the announcement of the Ministry of Justice's Department of Enforcement, follow-up related to child delivery and requests for personal relationships with the child stopped until the time mentioned above.
2-Stopping of execution proceedings and transactions mean that If you have a debt owed and the debtor is not paying, you cannot start enforcement proceedings until 30/04/2020. If enforcement proceedings was initiated before, it is not possible to continue, that is, to demand foreclosures, foreclosures on debtor's assets, and foreclosures on salaries or other income. It is wrong to perceive the cessation of enforcement proceedings as merely not being able to go on foreclosure to the debtor home or workplace. No lien may be imposed on any property of the debtor, for example in his car.
3-Stopping enforcement proceedings and procedures aimed at reducing this density in the executive offices where there is always a crowd and preventing the spread of COvid-19. However, at this stage, of course, malicious debtors will have behaviors to smuggle goods from the creditor. In case of detecting these, it is possible to use criminal and legal rights.
4- On the other hand, this is also a given time for debtors who reached the execution stage to arrenge the payment for their debts. We can consider it as an additional unexpected opportunity for debtors.
5-Finally, another point to be considered is that even though the enforcement proceedings have stopped, when the debtors want to pay the debt with their consent, the enforcement offices have to accept this payment, to pay the creditor without delay and to remove the lien and close the file if the file debt is fully paid. Since all these transactions can be done through UYAP, they will not create a density in the enforcement offices.
CHANGES RELATED TO PERIODS
Measures to minimize contact were taken in all public institutions, and the courthouses were directly affected as well. Law in which all rights are claimed is an area that is restricted for a certain period of time as well. For this reason, all kinds of appeal and claim requests must be made within certain periods. In this context, many periods were stopped in order to minimize the intensity of courthouses. In short, if we look at what periods are stopped;
1-Law No. 7226 was published in the Official Gazette dated 26.03.2020 and entered into force. In accordance with the Law that came into force, all periods regarding procedural law were stopped until 30.04.2020.
2-Mainly stopped periods;
A-All periods related to the birth, use or termination of a right, including filing a lawsuit, initiating enforcement proceedings, application, complaint, objection, notice, notification, submission and timeout periods, deprivation times and mandatory administrative application periods have been stopped until 30/04/2020.
B- In the Law on Civil Procedures, Administrative Jurisdiction Procedure Law, Criminal Procedure Law, and other laws including procedural provisions, the periods determined in terms of the parties, the periods determined by the judge and the periods in mediation and reconciliation institutions are stopped until 30/04/2020.
PERIODS NOT STOPPED
3-Penal and crime timeouts accroding to Turkish Crime Law, misdemeanor and administrative sanction (eg traffic ticket), disciplinary arrest, the time-out periods regulated by law for pressure arrest, the deadlines for the protection measures regulated in the Criminal Procedure Code will not stop.