The non-seizability of debtor's suitable dwelling (For housing) complaint

Compulsory execution law is a branch of law that comes into effect upon the application of the creditor to the enforcement office as a result of the debtor's failure to pay their debt voluntarily, and it includes the use of force against the debtor if necessary, backed by the power of the state. As a general rule, the debtor is liable for their debt with all their property, rights, and receivables. However, enforcement law should establish a balance among the interests of the creditor, the debtor, and third parties, taking into account their benefits. In order to prevent the debtor's entire assets from being seized and sold, various restrictions have been imposed on seizures with the aim of preserving the debtor's and their family's interests in a manner befitting human dignity. Considering the debtor's social and economic conditions, certain assets and rights of the debtor are specified as non-seizable, aiming to prevent the debtor and their family from becoming dependent on society and enabling them to sustain their vital activities and economic existence. The Law on Execution and Bankruptcy regulates the assets and rights of the debtor that cannot be seized in Articles 82 and 83. Article 82 of the Law on Execution and Bankruptcy covers the assets and rights of the debtor that are not subject to seizure in their entirety, while Article 83 covers those that are partially exempt from seizure. Among these regulations, the most important one that prevents the debtor and their family from becoming dependent on society and establishes a balance between the creditor's property right and the debtor's and their family's right to housing is found in the twelfth item of the first paragraph of Article 82 of the Law on Execution and Bankruptcy, which refers to the debtor's primary residence, where their vital activities take place. The main focus of our study is the debtor's suitable dwelling. In the event that the debtor's suitable dwelling is subject to seizure, it is possible to file a complaint with the enforcement court and request the cancellation of the seizure process. In this context, the scope of individuals who can file a complaint, the time limit for filing a complaint regarding the place of residence, the qualifications of experts appointed by the enforcement court, and the essential factors that need to be considered have been examined in relation to the debtor's suitable dwelling based on domestic legislation, academic opinions, and decisions of the Court of Cassation.