ATTACHMENT OF MOVABLE AND IMMOVABLE GOODS OF PRIVATE SCHOOLS AND PRIVATE STUDENT DORMITORIES AND SIMILAR INSTITUTIONS: AN EVALUATION OF ARTICLE 362/a OF CODE OF ENFORCEMENT AND BANKRUPTCY

Under the first paragraph of Article 362/a of the Turkish Code of Enforcement and Bankruptcy, during the education period, it is forbidden to attach the movable and immovable properties of private schools, private student dormitories, and similar institutions. The purpose of this article is to ensure that educational activities are carried out without interruption. In this study, problems that may arise with this article are identified and solutions are proposed for them. In enforcement law, it is necessary to strike a balance between the interests of the creditor and the debtor. This article does not bring a rightful solution in this regard. The fact that the debtor s property cannot be seized in the education and training period is against the interests of the creditor. Moreover, in order to protect the debtor, it would be sufficient to prohibit protection measures instead of prohib-iting attachment.