ASSESSMENT AND PROBLEMS ABOUT THE SEZIURE OF HYPOTHEC

It is arguable to seize the right of hypothec, which is accepted widely in Turkish law practice, with regard to characteristics of hypothec that is constructed in substantive law. Then, according to substantive law regulations, the right of hypothec is not independent from the principal claim and can not be subject to legal transactions exclusively. Likewise, the rules of seizure in enforcement law are not actually independent from the fundamentals of substantive law. Therefore, it is not accepted to seize rights that cannot be transferred to others exclusively according to substantive law. This rule is a general recognition based on the aim of the seizure along with the special provisions about the non-distrainable goods and rights regulated in Turkish Code of Execution and Bankruptcy. Hence, to be transferable is a prior condition in order to be seizable for any rights and goods. Therefore, law practice about the seizure of the right of hypothec should also be reviewed under the characteristics of this right accepted in substantive law and general limitations about the non-distrainable goods and rights; and, it should not be accepted to seize a right of hypothec exclusively