Time Limits in Enforcement Law

Time Limits in Enforcement Law – Enforcement Lawyer in Izmir

In terms of Enforcement and Bankruptcy Law, the time limits stipulated in the law are of great importance. This is because, for an effective enforcement proceeding, the time limit should not be excessively long, thus preventing the parties from being forced to remain in the process for an extended period. For all these reasons, it is necessary to mention the existence of time limits regulated in the Enforcement and Bankruptcy Law for various purposes. In enforcement law, a number of time limits are determined for the execution of actions such as objection periods, seizure request periods, sale request periods, and complaint periods. These time limits can be considered in two ways: time limits for the parties and time limits for the enforcement authorities.

A. What are the deadlines for the parties?

These are deadlines set for creditors and debtors. In enforcement law, the deadlines stipulated for the parties involved are forfeiture periods. If the parties involved do not carry out the transaction they wish to perform within the legally prescribed time limits, they lose the opportunity to obtain the expected benefit from that transaction. For example, if a creditor has placed a lien on a debtor's immovable property, they must request the sale of the liens within one year, as defined in enforcement law. If the creditor does not request the sale of the liens within the time limit specified in enforcement law, the lien on the property is lifted.

B. What are the time limits for enforcement bodies?

Other time limits specified in the law are those set for enforcement bodies. These time limits are not forfeiture periods. This means that, unlike the parties, actions taken by enforcement bodies after the expiration of the time limit are considered valid. If the enforcement body (e.g., the judge) has not been granted discretionary power regarding the action in question, it is obliged to perform the action within the time limit specified in the law. However, if the enforcement body fails to perform the action within the time limit specified in the law, the action will not be rendered invalid, as these time limits are not forfeiture periods; on the contrary, it will be considered a valid action. Of course, if one of the parties has suffered damage due to the failure to perform the action within the time limit, they also have the right to claim compensation for that damage.

How are the time limits calculated?

Enforcement and Bankruptcy LawAs in the Code of Civil Procedure and the Turkish Code of Obligations, the calculation of periods is specified in days, months, and years. The method of calculating periods is regulated in Article 19 of the Enforcement and Bankruptcy Law. According to this, if a period is given in "days" for the completion of a transaction, the first day will not be included in the calculation. If the period is given in months or years, the period will end on the same day of the month or year on which it began. However, if such a day does not exist at the end of the month in which the period ends, then it will end on the last day of that month. On the other hand, if the last day of the given period falls on a holiday, the period will end on the day following the holiday. This period will be considered to have ended at the holiday hours of the last day. Separate periods and their starting dates are specified in the law for each transaction. If we examine and exemplify the periods as defined in the law:

1. In enforcement law, periods specified in months or years end on the same day of the month or year on which the period began. For example, a one-year period that began on April 30, 2023, will end at the close of business on April 30, 2023.
2. In enforcement law, when calculating deadlines in days, the first day is not included. For example, if you receive a payment order on Tuesday, April 2nd, the seven-day objection period begins on Wednesday, April 3rd and ends at the close of business on Tuesday, April 9th.
3. A period specified in months or years begins towards the end of the month and ends on the last day of the month, unless such a day exists at the end of that month.
4. In enforcement law, official holidays falling within the deadlines are included in the deadline period.
5. In enforcement law, holidays falling within the time limit are also taken into account when calculating deadlines. For example, if you receive a payment order on Saturday, the first day of the objection period is Sunday. The objection period begins to run on Sunday.
6. If the last day of the period falls on a public holiday, the period ends at the close of business on the first working day following the holiday.  Exceptional Judicial recess regulations do not apply to enforcement offices and enforcement courts.

As can be seen, the vast majority of the time limits stipulated in the Enforcement and Bankruptcy Law are intended for the parties to the enforcement proceedings. These time limits are, by their nature, forfeiture periods. Therefore, if the action is not taken within the time limit specified in the law, it is impossible to take it again after that time.

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