As a result of the Covid-19 outbreak; within the scope of the measures taken in the judiciary in order to prevent this outbreak and mitigate its effects, commencing of lawsuit cases and executive / bankruptcy proceedings and the fate of the legal periods in terms of those already commenced have been briefly discussed in this article.
- With the Presidential Decision Numbered 2279 which has been become effective by publication in the Official Gazette numbered 31076 on March 22, 2020: All the executive and bankruptcy proceedings carried out throughout the country have been stopped from the effective date of the Decision until April 30, 2020. In this context; it has been decided not to make party and executive transactions, not to take new requests for execution and bankruptcy, and not to enforce and execute provisional seizure decisions. Only execution proceedings regarding alimony receivables are exempted from this regulation. The periods specified in other laws related to the procedural law including those listed, and the periods determined by the judge or execution and bankruptcy offices within this scope have been stopped from the date of 22/3/2020 (including this date) to 30/4/2020 (including this date).
- With the “Provisional Article-1” in the “Law on Amending Some Laws” numbered 7226 which has been become effective by publication in the Official Gazette Numbered 31080 on March 26, 2020: All the judicial periods (including the periods of commencing lawsuit cases, executive proceedings, application, complaint, appeal, warning, notification, submission and limitation, prescription and mandatory administrative applications, the periods determined by the judges and the periods specified for the parties in the laws containing procedural provisions) have been stopped from 13/3/2020 (including this date) to 30/4/2020 (including this date) in addition to the above-mentioned regulation, without prejudice to the exceptions in the law.
For example, applications can be made to the mediator, lawsuit cases can be commenced, petitions for declaration to the expert reports can be submitted to the files and appeals can be made during the stopping period; however, executive and bankruptcy proceedings cannot be commenced and transactions cannot be made in the existing proceedings, without prejudice to the exceptions.
Within the scope of additional measures published by the General Secretariat of the Supreme Council of Judges and Public Prosecutors on 23 March 2020; it can bee seen that there is no obstacle for proceedings of exceptions, the practice of judges / public prosecutors on duty has started in the courts and the hearings are being postponed to dates after 30/4/2020.