The reasons of the termination of the auction in enforcement and bankruptcy law

AbstractThe Court of Execution audits the legality of the forced auction sale(bidding), a public transaction. If the Court determines a disability which effects thementioned transaction, then it cancels the compulsory performance transaction itself(EBL art. 134).The reasons of the termination of the auction sale are not stated one by onein art. 134 of the Execution and Bankruptcy Law (EBL). According to the TurkishDoctrin and Supreme Court of Appeals, the reasons of the termination of the auctionsale are counted as: the faulty transactions at the preparation of the auction, thefaulty transactions during the auction, to rig a competitive bidding process and/orthe buyer (taker) should have fallen (or caused by others to fall) into error on theessential qualities of the immoveable. Nevertheless, it is possible to request thetermination of the auction sale according to an illegality or an unlawful action whichexists before the preparatory transactions.In the sale (auction), during the preparatory transaction, the bailiff (executionofficer) arranges some formal elements such as decleration, conditions of auction,value appreciation (appraisal), and the list of obligations. The reasons of thetermination concerned with the auction sale are, the lack of methods in the place andtime of the sale, in the attaining of the lowest auction prece, and etc.Transactions before or during the time of auction shall consider as to rig acompetitive bidding process, if these transactions are illegal and immoral acts whichare preventing the auction to proceed as regard by the law. It is admissable as areason for termination the auction that if the buyer (taker) found himself in aposition that he had a fundemantal mistake on the essential qualities of the good.Key Words : Auction, Termination of the auction, Complaint