The claim of domicile, which is one of the Enforcement Law concepts, and the actions subject to complaint based on this claim are regulated under the heading of non-seizable goods in the Enforcement and Bankruptcy Law.he claim of domicile, which is one of the Enforcement Law concepts, and the actions subject to complaint based on this claim are regulated under the heading of non-seizable goods in the Enforcement and Bankruptcy Law. A residence claim constitutes an obstacle to the sale of residential real estate with the status of non-lienable goods by being seized by the creditor.
Execution and Bankruptcy Law 82. in the regulation of the article, the appropriate house of the debtor has been accepted as one of the non-foreclosable properties.xecution and Bankruptcy Law 82. in the regulation of the article, the appropriate house of the debtor has been accepted as one of the non-foreclosable properties. What should be understood from the concept of a suitable house is that it is a house that is suitable for the living conditions when the borrower’s family and social life are taken into account. In this case, this concept may differ depending on a person’s economic situation, the number of people living at home, and social status.
According to the decision made by the Constitutional Court on 12.12.2019, the family residence was also accepted from the properties that cannot be seized, it was accepted that the concept of a suitable home is not only a right to housing, the protection of family unity should be evaluated in this context, the existence of the right to respect for family life was accepted, the application was accepted, and the seizure of the family residence was found to be contrary to the Constitution.ccording to the decision made by the Constitutional Court on 12.12.2019, the family residence was also accepted from the properties that cannot be seized, it was accepted that the concept of a suitable home is not only a right to housing, the protection of family unity should be evaluated in this context, the existence of the right to respect for family life was accepted, the application was accepted, and the seizure of the family residence was found to be contrary to the Constitution. Although the decision was taken by a majority of votes, this decision of the Constitutional Court has the nature to affect the trial in terms of many concrete events. Since the law does not clearly define a suitable house and it is necessary to evaluate the borrower according to the living conditions, this judicial decision, which is a precedent, reveals that the protection of family life is also one of the arguments that will affect the assessment of foreclosure.Since the law does not clearly define a suitable house and it is necessary to evaluate the borrower according to the living conditions, this judicial decision, which is a precedent, reveals that the protection of family life is also one of the arguments that will affect the assessment of foreclosure.
The Effect of Mortgage on Residence Claim
In order for the debtor to be able to file a subsequent foreclosure complaint about a property that he has previously mortgaged, the mortgage must be one that was established as a result of a necessity, such as a residential loan, a tradesman loan, or an agricultural loan.der for the debtor to be able to file a subsequent foreclosure complaint about a property that he has previously , the mortgage must be one that was established as a result of a necessity, such as a residential loan, a the debtor to be able to file a subsequent foreclosure complaint about a property that he has previously mortgaged, the mortgage must be one that was established as a result of a necessity, such as a residential loan, a tradesman loan, or an agricultural loan. The principle that the mortgage established as a matter of necessity does not constitute an obstacle to the domicile complaint arises from the fact that this mortgage constitutes the collateral for a loan given for social purposes. In addition, mortgages established by the debtor with his free will prevent him from later claiming residence in that place. In the complaints of the borrower based on the mortgage, the nature of the mortgage should be investigated first and the judgment should be carried out according to this research.
The debtor does not necessarily have to be using the foreclosed house in order to file a complaint with a residence claim.n the complaints of the borrower based on the mortgage, the nature of the mortgage should be investigated first and the judgment should be carried out according to this research.
The debtor does not necessarily have to be using the foreclosed house in order to file a complaint with a residence claim. If the borrower has rented the real estate and he is living in the rental, he should not aim to enrich himself with the rental income he has received. If the borrower is paying the rent arrears of the residence he uses with the rental income he has received, he will also be able to file a residence complaint in this case.
The debtor must apply to the enforcement court of the place where the immovable property is located within 7 days of learning about the seizure of his residence and request the removal of the seizure. Enforcement and Bankruptcy Law Article 103he debtor must apply to the enforcement court of the place where the immovable property is located within 7 of learning about the seizure of his residence and request the removal of the seizure. Enforcement and Bankruptcy Law Article 103 According to the provision of the article, the debtor is deemed to have learned about the seizure as of the date of notification to the debtor. If the debtor does not apply to the enforcement law court within 7 days despite this notification, he loses his right to object, and the period is a time bar.
As a result of the debtor’s application to the enforcement law court, the court may accept that the property is non-seizable based on the claim of domicile and decide to lift the seizure. However, this claim may not be accepted under all circumstancess a result of the debtor’s application to the enforcement law court, the court may accept that the property is non-seizable based on the claim of domicile and decide to lift the seizure. However, this claim may not be accepted under all circumstances. Paid payable to the debtor The court may also decide to sell the real estate by determining the necessary price for the debtor to acquire a suitable house, and the remaining amount of the balance to be paid to the execution file by paying the debtor the price at which the debtor can acquire a house.
The important point here is the economic status and living conditions of the debtor. The court’s decision should be aimed at ensuring that the debtor acquires a residence or protects this residence to the extent that it does not reduce him to poverty