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Private Law

Departments

(Department of Civil Prodecure and Enforcement and Bankrupcy Law)

In the event of a dispute regarding compliance with obligations under the substantive law and the rights conferred on the people, it must be settled by independent and impartial courts established to use the jurisdiction on behalf of the Turkish nation. In order for a court within the judicial council structured as stipulated by the constitution and applicable legislation to qualify the settlement of a dispute related to civil jurisdiction as a judicial activity, it must be done within the framework of judicial procedures. The word “procedure” in this expression leads us to the law of civil procedure. That is to say, the whole of the rules regulating in accordance with which procedures and principles the disputes will be settled by the courts established to serve in the field of civil jurisdiction of the judiciary branch constitutes the law of civil procedure. Within the scope of the law of civil procedure, the judicial function, judicial organs, duties and powers of the courts, the proceedings from the opening of the case to the conclusion, legal remedies and alternative dispute resolution methods are examined.

It is a branch of law serving to forcibly fulfill the debt of the debtor, who does not fulfill his/her debt with his/her consent, through the official enforcement organs of the state via the application of the creditor. In general, the course is taught in two main topics; enforcement law and bankruptcy law. As a continuation of the Law of Civil Procedure course examining the litigation, it deals with the execution of decisions made by the courts. Within the scope of Enforcement and Bankruptcy Law course, enforcement proceedings are divided into two as enforcement without judgement and enforcement with judgement. In the enforcement without judgement, the follow-up of money and guarantee claims through distraint is explained without the need to apply to the court beforehand. This branch of law examines the general distraint, the distraint specific to bills of exchange, and the evacuation of the leased immovable properties through the enforcement without judgement. Then, in the area of enforcement with judgement, the follow-up of court decisions by the compulsory enforcement organs is explained. Follow-up and precautionary distraint through the conversion of pledge having different features into money are explained under separate headings. In the area of bankruptcy, the stages of bankruptcy liquidation are explained. After the explanation of bankruptcy, the concordat method, which is one of the ways to protect debtors from bankruptcy, and the restructuring of corporations and cooperatives through reconciliation are explained.