Master'sOpen Access

Payment of debt in installments in executive law

2020
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Advisor: Dr. Öğr. Üyesi Nilüfer Boran Güneysu

Abstract (EN)

In debt enforcement, the payment of debt in installments is not a well-scrutinized concept in our law. It is important to conduct an investigation in terms of the purpose, source, scope, conditions, terms and results of the payment in installments specified in certain articles of the Execution and Bankruptcy Law (m.78 / 2, 111, 340). In terms of enforcement law, it is possible to divide the payment in installments into two, before and after lien. Payment in installments made before the foreclosure can only be done by contract. Payment in installments made after foreclosure can be made in the form of unilateral commitment or contract. The installment payment contract is established with mutual declarations of will of the parties. The Enforcement and Bankruptcy Law did not explicitly regulate the terms of payment in installments by contract, in accordance with the power of disposition granted to the parties. The terms of the commitment to pay in one-sided installments are strictly regulated. With installment payment, it stops where it is tracked, and the creditor cannot ask for continued follow-up. In case of a violation of the payment by installments, the follow-up continues from where it left off, and a compensatory imprisonment is applied to the debtor upon the complaint of the creditor.

Author

Dr. Gökçe Varol

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Gökçe Varol (Master Thesis). Payment of debt in installments in executive law, 2020, Anadolu University.

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