Compensation of damages which occurs from enforcement acts according to Execution and Bankruptcy Code

Compensation of damages which occurs from enforcement acts, specified in Execution and Bankruptcy Code, article 5. Altough, enforcement acts which are being as spesific kind of administrative acts; resolution of dispute which causes from them and demanding of this kind of compensations; are left to judicial court. This compensation act as cited, remains in the intersection set between administration law and private law. Hence, the provisions to be applied and how the compensation problem will be resolved are peculiar. It is possible to answer the question of what kind of a way to compensate for the damages arising from unlawful enforcement proceedings within the framework of administrative law and private law provisions The provision that mentioned in Enforcement and Bankruptcy Code article 5 which states that the cases within this scope will be heard in the judiciary, does not show its effect only in the care of the judicial branch in charge, but also creates a basis for the application of private law provisions to the disputes within this scope. Legal liability arising from the enforcement proceedings of the enforcement agents; It is possible to state that the provisions regarding the wrongful act, which are not based on fault, can be applied when evaluated within the framework of liability categories in private law in terms of determining the provisions to which the liability will be subject, even though it is a fault of service with its elements. The causal link and damage from the elements of the fault liability of the administration; In administrative law, the situation of the element of fault is peculiar, with its same meaning in private law. Since the enforcement proceedings that may be subject to a compensation lawsuit have the nature of an administrative action, it is possible to evaluate the structure of the enforcement proceedings and whether they are in compliance with the law within the scope of the elements of the administrative action.