Execution of the precautionary seizure

In the context of debt relationships, disputes arising from the debtor's failure to fulfill their debt obligations as required are natural. When applying for legal protection from the state, the creditor will either enter into a prolonged and contentious legal process or initiate execution proceedings in order to obtain his right as a creditor through various efforts. While it may not always be the case, there is a possibility that malicious debtors may take advantage of the creditor's long and challenging process of seeking justice. Therefore, the necessity to secure the creditor, until he obtains his receviable, has arisen. Precautionary seizure, as a special type of temporary legal protection found in terms of receivables, has entered our legal system for this purpose. Within our current legislation, precautionary seizure is regulated mostly in Execution and Bankruptcy Law No. 2004 between Articles 257-268, it is possible to come across provisions related to precautionary seizure in special laws too. When the debt is conclusively proven in the main trial, the creditor's ability to collect is ensured by precautionary seizure, a type of temporary legal protection. In this thesis, firstly, precautionary seizure as a legal institution has been divided into two parts: judicial proceedings and executional proceedings. After presenting its general characteristics and distinguishing it from similar institutions, the nature and consequences of the precautionary attachment decision are explained, with primary emphasis placed on the enforcement stage. In this thesis, the sources in the doctrine have been searched and controversial topics has been mentioned, the situation in practise has been determined by benefiting from court decisions, our own opinions and suggestions have been presented.