Commitment and contractual intending for paying by installments of debt with terms

In this study of commitments to divide a payment into installments and the provisions of these commitments, principles of enforcement-law and contracts for the installment of the payment, specifications of commitments and their elements are discussed in a wide context under the main heading of enforcing disposals. Enforcement law is connected with public law as a consequence of its contribution to public order's establishment as it basically analyses the modus operandi of the process which begins with the application of a person who aims to collect his debt, and the relations between those who are concerned and the process. The postulate in which some of the specifications which can be related with public law based on the afore-mentioned relations can be advocated in broad terms. I think supremacy of the constitution, the principle of "morphology",the principle of disposal and the other principles mentioned before and their main characteristic features will be examined within this context in the first chapter. Based on this deduction, such a beginning for this study is thought to be appropriate and afterwards an emphasis is laid upon the term of enforcement contracts within the context of the capacity of the parties to influence the process of execution individually or jointly. Within this scope, it is covered that in the system of Turkish Enforcement Law, enforcing contracts are not discussed under positive law, law-maker can only postulate on the consequences of possible disposal capabilities of the parties on particular points. According to bankruptcy and enforcement law with law no 2004 an organization about which there are postulates could have commitments and contracts for the installment of the debt. Law-maker does not address to mentioned disposals cognitively but identifies the provisions of them with some proofs. Specifications of the commitments and the contracts for the installment of the debt and their legal organizations and provisions take place in different parts of this study. As explanations made for the aforementioned provisions, even if there are no clear clauses in law, there exists some practices emanating from judicial opinions, to be more precise "Acceptances". These kinds of practices or acceptances unavoidably narrow the area in which a commitment or a contract can be valid. But when the inherent specifications of public law, which are suitable to enforcement law, are taken into consideration, this situation could be accepted. However, it might cause its literal meaning, which must have the priority in broad terms, to be differentiated. When it is thougt that the interests, which are mutual but also should be preserved concurently within the context of balance of advantage, are interconnected with basic rights and liberties, general framework and evolutionary conditions of any practice, which is possible to harm the basic rights and liberties of the parties and disturb the balance of advantage, are required to be arranged cognitevly within the scope of positive law. For instance, inscription of " Periods of time inscribed in Article 106 and 150/e do not lapse during the course of time when legally valid contract/contracts which is/are made between a debtor and a creditor for the installment of the payment. " in Article 111 of bankruptcy and enforcement law with law no 2004 which can be understood as parties can make contracts for the installment of the debt is the only clause. However, if total duration of the contract/contracts is/are more than 10 years, periods of time inscribed in Article 106 and 150/e start to work. As it could be realized, there is not any clause about the formation of contracts within the scope of 111/3 paragraf of bankruptcy and enforcement law with law no 2004. Therefore, a set of solutions were produced by making deductions from the general theory of contracts for the system of bankruptcy and enforcement and this case is explained in the related parts of this study. I am of the opinion that in the law of compulsory execution, which includes the basic characteristics of public law, it is not possible to make use of this concept by producing similar solutions. Legal aspect of the parties' provisions of disposals as well as their punitive aspects are explained within the scope of this study of which subject is division of the payment into installments. It is not possible to explain the legal aspect of the parties' provisions of disposals which is mainly discussed within the framework of division of the payment into installments without their punitive aspects in compulsory disposal in a way including the characterisrics of public law. Turkish compulsory disposal system imposes obligations for the parties who do not comply with the provisions of agreements or fulfill the commitments to pay the dept in installments. In summary, as long as the parties comply with the disposals for discharging the debt in installments, the creditor can not pursue the indictment against the debtor and likewise it is ordinary for the debtor to face with a set of punishments when he/she does not pay the debt, and law-maker formed a system where a prison sentence with coercion is performed for the ones who do not do what is necessary to make them fulfill the requirements of the contracts. Therefore, legally binding disposals for the division of payments into installments are needed to face the debtors with sanctions when they do not fulfill their commitments. These disposals, which can cause restrictions on the debtor's right of freedom which is one of the most fundemantal rights, when they are not obeyed, they have the results in terms of enforcement law and penal code through enforcement, which could also be a subject of public law, and they are considered as an enforcement crime and preventive imprisonment. Formation of disposals for division of a payment into installments which have causing impacts in the field of enforcement law, their validity and their impacts on enforcement law as well as the matter of how debtors are punished when they do not fulfill the requirements are the points on which emphasis should be laid and discussed. Moreover, its importance could be understood when the related part of the constitution and international agreements are analysed. In reality, disposals, which are not formed legally, for the installment of a payment could end up with limitations on the debtor's liberty as a matter of fact even if the one does not commit a crime by violating the commitment or just these disposals are considered to be formed validly. Therefore, whether legal jurisdiction is performed faultlessly and such a crime occured without any doubt must be investigated meticulously. On the other hand, this situation causes balance of advantage to be disturbed or to be damaged and results in violatation of basic rights and liberties which could culminate with individual communications according to our positive law.