What has changed with the Law No. 7445 on the Amendment of the Execution and Bankruptcy Law and Certain Laws?

Law No. 2004 on Enforcement and Bankruptcy
Article 79/A

In order for the seizure of residential properties to be carried out, the execution manager must conclude that the immovable in question is a residence and decide that the seizure will be carried out and submit it to the approval of the execution court.

Article 82/1-(3)

Personal belongings belonging to the debtor and family members living under the same roof and all household goods that serve the common use of the family are included in the scope of goods that cannot be seized.

Article 85

The seizure of all property, receivables and rights of the debtor, whether in the debtor’s possession or in the possession of a third party, shall not exceed the amount of the creditor’s principal debt, interest and costs.

Article 88/A

Goods that are no longer seized and are in the custody of the trustee shall be liquidated ex officio in accordance with this article.

*Article 79/A added with Provisional Article 19 and the amendments made to Article 82/1-(3) shall not apply to the decisions regarding the seizure of the residence or the seized goods issued before the effective date of this law.

Turkish Commercial Code No. 6102
Article 4

The maximum amount specified for the application of the simple trial procedure has been increased from TRY 500.000 to TRY 1.000.000.

Article 5/A (Effective Date: 09.01.2023)

It will be necessary to apply to mandatory mediation in order to file a cancellation of objection, negative assessment and recovery lawsuit.

Turkish Civil Code No. 4721
Article 437

In cases of restriction of liberty for protection purposes, the judge shall hear the person concerned, complete the investigation and render his/her decision within two days at the latest without delay.

Law No. 1136 on Lawyers
Article 43

Financing support shall be provided by credit and financial institutions and lending public institutions and organisations on favourable terms to cover the expenses of lawyers in setting up their offices.

Article 65

In the first five years of the profession, the bar association fee will not be collected from the lawyers.

Law No. 6325 on Mediation in Civil Disputes
Article 17

If the parties are not present, the mediator has the obligation to inform the absent parties about the final report prepared at the end of the mediation activity by using all means of communication.

Article 17/A

With the signing of the United Nations Convention on International Settlement Agreements Concluded as a Result of Mediation, it has become obligatory to obtain the annotation of enforceability from the commercial court of first instance for the execution of the settlement agreement documents issued as a result of mediation.

Article 17/B (Effective Date: 09.01.2023)

Disputes regarding the transfer of immovable property or the establishment of limited real rights on immovable property are now subject to mediation.

Article 18

In cases other than the provisions of the laws requiring a certificate of enforceability, the agreement document signed by the parties and their lawyers and the mediator, and in terms of commercial disputes, the agreement document signed by the lawyers and the mediator together shall be deemed as a document in the nature of a judgement without requiring a certificate of enforceability.

Article 18/A-(7) (Effective Date: 09.01.2023)

In mediation as a condition for litigation, the mediator is obliged to inform the main party even if his/her lawyer is present.

Article 18/A-(16) (Effective Date: 09.01.2023)

Following the application to mediation, if an enforcement proceeding is initiated against the applicant party in relation to the dispute, the court may issue an interim injunction to stop the enforcement proceeding if the applicant party files a negative declaration lawsuit against this proceeding within two weeks from the date of the final report.

Article 18/B (Effective Date: 09.01.2023)

In the following disputes, it is required to apply to the mediator before filing a lawsuit:

Disputes arising from the lease relationship, except for the provisions regarding the evacuation of leased immovables through execution without judgement according to Law No. 2004.

Disputes regarding the division of movables and immovables and the elimination of partnership.

Disputes arising from the Condominium Law dated 23/6/1965 and numbered 634.

Disputes arising from the right of neighbour.

*With the provisional article 3, it is stated that this article shall not apply to the cases pending before the courts of first instance and regional courts of appeal and the Court of Cassation as of the date of entry into force of this article.

Labour Courts Law No. 7036
Article 3/1 (Effective Date 01.09.2023)

The obligation to apply to mediation has been introduced for cancellation of objection, negative assessment and recovery cases within the scope of employee or employer receivables and compensation based on individual or collective labour agreements.

Law No. 6384 on the Settlement of Certain Applications to the European Court of Human Rights by Payment of Compensation
Article 4

A Commission consisting of nine members shall be established to decide on applications to the European Court of Human Rights. This Commission will be able to work by dividing the work according to the intensity, and the President will be responsible for the efficient and harmonious functioning of the Commission and the committees.

*With the provisional article 2, individual applications pending before the Constitutional Court as of 9/3/2023 will be examined by the Commission upon an application to be made within three months from the notification of the inadmissibility decision due to non-exhaustion of remedies.

Turkish Penal Code No. 5237
Article 79

The lower limit for the offence of smuggling of migrants has been increased from 3 to 5 years.

Law No. 5275 on the Execution of Criminal and Security Measures
Article 16/A

The execution of the sentence of a female convict sentenced to a total term of imprisonment of ten years or less, even if the execution of the sentence has already begun, may be postponed for up to one year if she has a child under the age of eighteen who is in need of care due to disability or is subject to a serious illness.

Article 71

It has become compulsory for those convicted of purchasing, accepting or possessing drugs or stimulants for use to participate in treatment and rehabilitation programmes.