Mesajı Okuyun
Old 07-12-2006, 20:19   #2
Av. Bülent Sabri Akpunar

 
Varsayılan

Yes it is unfortunately true for you that the goods of the cohabitants which live with the debtor shall be considered as the goods of the debtor, as soon as the contrary is not proven at the court.This is laid down by the "Turkish Enforcement and Bankruptcy Law" at Art. 96.

If you have claimed that the stuff belong to you to the enforcoment officers and this claim was drawn to the seizure records then the office shall send both the creditor and you a notice that the goods were claimed.Generally, the creditor denies the claim and then the dispute of ownership settles by the court.In this case, you shall assume the burden of proof ; that is to say you will have to prove that the goods belong to you through receipts etc. There is a presumption in favor of you that even if you have not proven by documents that tha goods are your own, the law presumes that the goods which are inherently belonging to debtor's children as to their nature or as to customs shall be deemed as their property.