HACİZDE SIRA (TERTİP) (ORDER OF ATTACHMENT)

Attachment, is a sanction, where the debtor, who has not paid his dept of his own free will, literally comes face to face with the enforcement of a court decision by the appropriate agency of the government. Therefore the government, which has assumed the monopoly of enforcement of a court Akdeniz Üniversitesi Hukuk Fakültesi Medenî Usul ve İcra-İflâs Hukuku Anabilim Dalı ASLAN AÜHFD Yıl 2005 270 decision by prohibiting enforcement of a right, must comply with certain principles and rules in applying this sanction through its executive organs. The Execution and Bankruptcy Law does not contain a provision with the heading, order of attachment. Although, article 85 of the Execution and Bankruptcy Law contains certain arrangements in this regard, it can be seen that such arrangements are not sufficient either. Whereas, the Swiss Execution and Bankruptcy Law, which is the source of our law, contains clear and detailed provisions in regards to attachment. In this study, we will try to examine the sequence which the executive organ has to follow in attaching the properties of the debtor, by talking into consideration the provisions contained in the source law.