Kırıkkale Hukuk Mecmuası

Öz

For the credits of private individuals, according to the provisions of the Enforcement and Bankruptcy Law, the debtor's assets can be confiscated. The aforementioned confiscation can also be applied to the assets held by third parties of the debtor that owes the debtor or has to make payments against other credits. Despite the practice which is based on the Enforcement and Bankruptcy Law, there is also a provision in the same Law that state proporties cannot be confiscated. In this respect, in the face of this general provision regarding all third parties who have to make payments to the debtor, an exception has been made in the same Law regarding the confiscation, in case the third party is the state due to the fact that the source of the payment is the state property. In practice, even if support payments are in question, notifications are made to the relevant public institutions and organizations that these payments should be made by the state as a third party to the enforcement offices instead of relevant debtor. Considering the two different provisions in the Law that differentiate the application of confiscation, the nature of the support payments as state property has been revealed in the study, taking into account the definition made in the legislation. Afterwards, it was analyzed that support payments cannot be confiscated, especially within the scope of the distinction between special provisions and general provisions with legal justifications. The provisions in the President’s decisions regarding the non-seizable of agricultural support payments are also presented as administrative decisions supporting this assessment.