Dergiler / Ankara Barosu Dergisi / 2019 / Cilt: 77 - Sayı: 1
Borçlunun Ağır Hastalığı Halinde İcra Takibinin Taliki
- Sayfa
- 1–23
- DOI
- —
Özet
İcra hukuku vasıtası ile alacaklı tatmin edilmeye çalışılırken alacaklının alacağını
Abstract
While trying to satisfy the creditor with the means of enforcement law, a numberof principles and rules emerged when the limits of the collecting authority ofthe creditor were determined. One of these rules is that the execution proceedingsagainst the debtor cannot be performed in the execution of suspensionand postponement periods. When determining the postponement periods inexecution law, natural human rights and universal principles that take intoaccount the rights and interests of the debtor and the protection of third partiesare taken as basis. One of the safeguard rights and benefits of the debt isthe right to interrupt (deferral) the follow-up actions to be taken against himin cases of severe diseases, in other words. In order to protect the interests ofthe creditor while the debtor is using the right of postponement due to severediseases, the legislator stipulated that this situation should be proved by anofficial document. The enforcement proceedings to be carried out in spite ofthe diseases of the borrower shall be deemed to be valid as a rule as accepted inthe modern law, but the consequences such as complaints shall be born fromthe end of the Postponement Periods.