POSTPONEMENT TO ENFORCEMENT PROCEEDINGS WHILE THE DEBTORS SERIOUS DISEASE

While trying to satisfy the creditor with the means of enforcement law, a number of principles and rules emerged when the limits of the collecting authority of the creditor were determined. One of these rules is that the execution proceedings against the debtor cannot be performed in the execution of suspension and postponement periods. When determining the postponement periods in execution law, natural human rights and universal principles that take into account the rights and interests of the debtor and the protection of third parties are taken as basis. One of the safeguard rights and benefits of the debt is the right to interrupt (deferral) the follow-up actions to be taken against him in cases of severe diseases, in other words. In order to protect the interests of the creditor while the debtor is using the right of postponement due to severe diseases, the legislator stipulated that this situation should be proved by an official document. The enforcement proceedings to be carried out in spite of the diseases of the borrower shall be deemed to be valid as a rule as accepted in the modern law, but the consequences such as complaints shall be born from the end of the Postponement Periods