THE ACTION FOR ANNULMENT OF OBJECTION IN TURKEY

According to Article 67 of the Enforcement and Bankruptcy Law in Turkey:

"1) The creditor whose enforcement request is objected to may apply to the court within one year from the date of notification of the objection, and may sue for the annulment of the objection by proving the existence of its receivable under the general provisions.

2)In this case, if it is decided that the objection of the debtor is unjustified, the debtor; if it is deemed unfair and malicious in its proceedings, the creditor; upon the request of the other party, according to the situation of the two parties, the tolerance of the case and the judgment, shall be sentenced to appropriate compensation, not less than twenty percent of the amount rejected, or judged.

3)If the objector is a parent, guardian, or heir, the award of compensation against the debtor shall depend on proof of bad faith.

4)The right of the creditor who has passed the period of cancellation of the objection written in the first paragraph to bring an action for his/her receivable under the general provisions is reserved.

5) In the determination of the compensation for denial of enforcement, compensation for bad faith, and similar damages stipulated in this Law, the enforcement proceeding request or the claim in the action shall be taken as a basis."

The key points outlined in Article 67:

1. Time Limit for Filing: The creditor must file the action for annulment of objection within one year from the date of notification of the objection.

2. Objective of the Action: The purpose of this action is to invalidate the debtor's objection and allow the enforcement proceedings to continue. The creditor must prove the existence of their receivable under general provisions.

3. Compensation: If the court determines that the debtor's objection is unjustified and made in bad faith, the debtor may be sentenced to pay compensation. Similarly, if the creditor is found to have acted unfairly or maliciously, they may be liable to pay compensation. The amount of compensation shall not be less than twenty percent of the rejected amount or judgment.

4. Exceptions: If the objector is a parent, guardian, or heir, the award of compensation against the debtor depends on proof of bad faith.

5. Reserving the Right to Sue: Even if the deadline for filing the annulment of objection action has passed, the creditor still reserves the right to bring an action for their receivable under general provisions.

6. Basis for Determining Compensation: When determining compensation for denial of enforcement, compensation for bad faith, and similar damages, the enforcement proceeding request or the claim in the action is taken as a basis.

Overall, Article 67 outlines the procedural aspects and consequences of the annulment of objection action under Turkish enforcement and bankruptcy law. It aims to ensure the fair resolution of disputes between creditors and debtors while protecting the rights of both parties involved in the enforcement proceedings in Turkey.

The competent court in the action for annulment of objection is generally the Court of First Instance (Asliye Hukuk Mahkemesi). If the claim subject to enforcement arises from labor law, the Labor Court (İş Mahkemesi) has jurisdiction; if it arises from consumer law, the Consumer Court (Tüketici Mahkemesi) has jurisdiction; if it concerns a commercial claim, the Commercial Court of First Instance (Asliye Ticaret Mahkemesi) has jurisdiction; if it pertains to rent arrears and eviction requests, the Civil Court of Peace (Sulh Hukuk Mahkemesi) has jurisdiction. The territorial court is determined according to the general provisions in accordance with Article 5 of the Law on Civil Procedure. In other words, it is not mandatory for the action for annulment of objection to be heard in the court where the enforcement proceedings are conducted.

This information provides a general understanding of the topic but does not constitute legal advice. It's essential to consult with a Turkish lawyer in Turkey for guidance tailored to your specific situation.