With the 7th Judicial Package, which came to the agenda with the statements of Minister of Justice Bekir Bozdağ, some legislative changes will be made in the Enforcement and Bankruptcy Law.
Among the changes, which are known as the 7th Judicial Package in the public and which will include changes in many laws, many changes and regulations regarding Enforcement and Bankruptcy Laws are envisaged.
The scope of non-seizable goods will be expanded. Worship-specific belongings of all family members, personal belongings, and household items belonging to the common use of the family in the same residence are included among the goods that cannot be seized.
The decision of the executive director will not be enough for the housing to be foreclosed. According to the change envisaged in the 7th Judicial Package, a court decision is required for a house to be seized. Housing foreclosure will be possible after the approval of the enforcement court.
The lien exceeding the amount finalized in the execution proceeding will be prohibited. In practice, bank accounts worth hundreds of thousand of liras were seized for a few thousand lira receivables, resulting in a loss of rights. With the amendment to be made, this will be prohibited, and an attempt will be made to prevent flooding. According to the definition in the doctrine, a lien exceeding the amount of receivable is called an overflow lien. In the current regulation, according to Article 85 of the Enforcement and Bankruptcy Law, it is not possible to seize more than the creditor's receivables. However, since there are many examples to the contrary in practice, a separate rule prohibiting this will be included in the 7th Judicial Package. In this way, flood lien is wanted to be prevented.
For details see,
https://www.ozgunlaw.com/makaleler/calismalari-tamamlanan-7-yargi-paketinde-yer-alan-duzenlemeler-nelerdir-1067
