Introduction

Precautionary attachment (ihtiyati haciz) and precautionary measures (ihtiyati tedbir) are legal tools in Turkish law that provide temporary relief to protect creditor rights or secure assets before the final resolution of a legal dispute. Both remedies aim to prevent debtors from dissipating assets or avoiding financial obligations while the legal process is underway. This guide explores the key features of these legal measures, their application processes, and the circumstances under which they are granted.

Precautionary attachment is a legal remedy primarily used in debt collection cases. It allows creditors to secure the debtor’s assets to ensure that the debtor does not dispose of them before the enforcement of a court decision.

• Eligibility: Creditors may apply for precautionary attachment if they have a valid and enforceable debt, even if they do not yet have a court judgment.
• Application Process:
  • Creditors must file a request with the court, showing credible evidence of the debt and demonstrating that there is a risk the debtor may hide or sell assets to evade payment.
  • The court, if satisfied with the evidence, may issue an attachment order without hearing the debtor.
  • After the order is issued, the debtor’s assets (movable or immovable) can be seized to secure the claim.
• Objections: The debtor may file an objection to the attachment, arguing that the debt does not exist or that the conditions for precautionary attachment are not met. If successful, the court may lift the attachment.

Precautionary measures are broader in scope than attachment and apply in a wide range of civil disputes, including property, family, and commercial law cases. These measures are intended to prevent harm to the claimant’s rights while the legal process is ongoing.

• Eligibility: Precautionary measures can be requested in any case where there is a risk of irreparable harm to the claimant’s rights if no immediate action is taken.
• Types of Precautionary Measures:
  • Asset Freezes: Freezing the defendant’s assets to prevent their dissipation.
  • Injunctions: Orders preventing specific actions, such as the sale or transfer of property.
  • Temporary Custody: In family law cases, temporary measures such as custody arrangements or support payments can be ordered until a final decision is made.
• Application Process:
  • The claimant must submit a request to the court with evidence that supports the necessity of the precautionary measure.
  • The court can grant the measure without the defendant’s immediate knowledge to prevent any pre-emptive actions.
• Duration: Precautionary measures are temporary and remain in place until the court reaches a final decision on the main case. If the court rules in favor of the claimant, the precautionary measure may become permanent.

In both precautionary attachment and precautionary measures, the court may require the claimant to provide collateral to cover potential damages suffered by the defendant if the measures were incorrectly imposed. This is intended to balance the rights of both parties and prevent abuse of these legal tools.

Recent updates to Turkish law have streamlined the procedures for obtaining precautionary measures, particularly in digital asset cases and intellectual property disputes. Courts are now more willing to issue rapid injunctions to protect sensitive digital information and prevent the unauthorized use of intellectual property during legal proceedings.

Precautionary attachment and precautionary measures play an essential role in protecting creditor and claimant rights during legal disputes in Turkey. These legal remedies offer a way to secure assets and prevent irreparable harm while awaiting the final outcome of a case. Understanding the eligibility requirements and application processes for these measures is crucial for anyone involved in litigation.