26 March 2020

Upon the spread of coronavirus (Covid-19) pandemic disease in Turkey, certain precautions are taken with the Law No. 7226 ("Law"), which is published in the Official Gazette (repeating no.1)  no. 31080 and dated 26.03.2020 in order to prevent loss of judiciary rights.  Accordingly:

  • 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
  • Starting from 22/3/2020 (including this date), the periods set forth under the Enforcement and Bankruptcy Law dated 9/6/1932 and no. 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 actionsacceptance of new enforcement and bankruptcy proceeding requests, proceedings regarding the enforcement and execution of cautionary attachment decisions,

are ceased until 30/4/2020 (including this date).

Consequently, the legal periods will be suspended until 30.04.2020 (including this date) and will resume after this date.  On the other hand, according to the Law, the following proceedings are not in the scope of the cease:

  • Statute of limitation periods set forth under the laws for crime and sanction, misdemeanour and administrative sanction, and disciplinary detention and preventive detention,
  • Periods regarding the protective measures regulated under the Criminal Procedure Code No. 5271,
  • Periods related to the procedures supplementing interim injunctions regulated under the Code of Civil Procedure No. 6100.

Furthermore, if the date of a sale that will be realized within the scope of the Enforcement and Bankruptcy Law and other laws related to the enforcement law, remains within the cease period, a new date will be given by the enforcement and bankruptcy offices without a further request after the end of the cease period.  Also, the payments made by the parties within the cease period will be accepted, the proceedings in favour of the other party can be performed and the results of the concordat proceedings for creditors and debtors will continue during the cease period.

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 30.04.2020, regardless how many days are left until the expiration.

According to the Law, if the pandemic continues, the cease period may be extended by the President for a period up to six months and the scope of the cease may be restricted for the extended period.

If you have any questions regarding our note above, please do not hesitate to contact us.

Kind regards,

Güner Law Office