The concept of non-attachability and conditions of non-attachability regulated in special codes

According to execution law, the non-performing debtor may, at the request of the creditor, be compelled to perform only by means of the compulsory execution organs of the state. In this context, if the subject of the execution proceeding is a money receivable, the debtor's assets to the extent that they are sufficient to cover the receivable are legally seized; in other words, an attachment procedure is performed. However, the legislator has not authorized the attachment of the debtor's entire property. For reasons such as the ability of the debtor and his/her family to live in accordance with human dignity, the protection of personal rights and freedoms, and the continuity of public services, conditions of non-attachability are regulated in terms of some of the debtor's assets. In Turkish law, the conditions of non-attachability are regulated in the Execution and Bankruptcy Code, which is the general law, and in various special codes. As can be understood from the title of this study, this study will examine in detail the conditions of non-attachability regulated in special codes. The conditions of non-attachability regulated in the Execution and Bankruptcy Code will be briefly discussed where relevant. In some of the provisions regulated in special codes, the relevant asset value is completely excluded from attachment, while in others it is excluded from attachment in a limited or conditional manner. Since there are lots of conditions of non-attachability regulated in special codes, this conditions of non-attachability will be handled by classifying them within themselves.