Rafet Aslan Law Office delivers strategic representation and durable legal solutions for individuals and companies across advisory, litigation, and arbitration matters.
Rafet Aslan Law Office delivers strategic representation and durable legal solutions for individuals and companies across advisory, litigation, and arbitration matters.
If filed before enforcement (icra takibi) proceedings begin, a negative declaratory action is not subject to a specific statutory time limit, aside from the general statute-of-limitations rules.
If the debt is paid during enforcement proceedings and no interim injunction was previously granted, a pending negative declaratory action automatically converts into a restitution action (istirdat davası), and the one-year time limit does not apply in that case.
However, if the debt was paid first and the action is filed afterward, the restitution action must be filed within one year of the payment date (Enforcement and Bankruptcy Law, Article 72). This one-year period is a preclusive (hak düşürücü) time limit.
For errors in the notice (place, date, value), a complaint is filed with the enforcement court within the prescribed period. If the notice is not made properly, annulment of the sale can be requested.
A complaint against the attachment report can be filed with the enforcement court within 7 days; grounds may include procedural irregularities, exempt assets or valuation errors.
Once the payment order becomes final, the creditor requests attachment; the enforcement officer records the movable and immovable assets in a report. After valuation, the sale process begins.
An objection to an enforcement payment order must generally be filed within 7 days. It is made in writing to the competent enforcement office or via e-Government (e-Devlet); the period runs from the date of service.
Turkish Citizenship Test
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