30 April 2020
Due to the coronavirus (Covid-19) pandemic disease, certain precautions had been taken with the Law No. 7226, which was published in the Official Gazette (repeating no.1) numbered 31080 and dated 26.03.2020 in order to prevent any loss of judiciary rights. Accordingly:
a) Starting from 13/3/2020 (including this date), all periods regarding the creation, use or termination of a right, including filing a lawsuit, initiating an enforcement proceeding, application, complaint, objection, notice, notification, submission and prescription periods, limitation periods and mandatory administrative application periods; the periods determined under the Code of Administrative Procedure No. 2577 dated 6/1/1982, the Criminal Procedure Code No. 5271 dated 4/12/2004, and the Code of Civil Procedure No. 6100 dated 12/1/2011 and other procedural laws and the periods determined by the judge in this context and the periods relating to mediation and reconciliation processes; and
b) Starting from 22/3/2020 (including this date), the periods set forth under the Enforcement and Bankruptcy Law dated 9/6/1932 and numbered 2004 and other laws relating to the enforcement law and in this context, the periods determined by the judge or enforcement and bankruptcy offices; all enforcement and bankruptcy proceedings except for the proceedings relating to alimony payments, party and enforcement actions, acceptance of new enforcement and bankruptcy proceeding requests, proceedings regarding the enforcement and execution of cautionary attachment decisions,
have ceased until 30.04.2020 (including this date).
Now, starting from 01.05.2020 (including this date) the legal periods mentioned above, except the periods regarding the mandatory administrative application pursuant to the Public Tender Act numbered 4734, have ceased until 15.06.2020 (including this date) with the Decision Regarding the Extension of the Cease of Legal Periods to Prevent Any Loss of Judicial Rights ("Decision") (Decision No. 2480), which was published in the Official Gazette numbered 31114 and dated 30.04.2020.
Consequently, the cease period determined previously (excluding the periods regarding mandatory administrative application), is extended until 15.06.2020 (including this date). The legal periods are ceased until 15.06.2020 (including this date) and will resume after this date.
Furthermore, if fifteen days or less is left for a legal period as of the beginning of the cease period, the respective period will be extended for another fifteen days after 15.06.2020, regardless how many days were left until the expiration.
In addition as stated in the Decision, in case the risk of coronavirus (Covid-19) spread is eliminated prior to 15.06.2020, the cease period will be revised.
If you have any questions regarding our above note, please do not hesitate to contact us.
Güner Law Office