The Constitutional Court has annulled subparagraph 1 of paragraph 1 of Article 28 of Law No. 6183.

The Constitutional Court has annulled subparagraph 1 of paragraph 1 of Article 28 of Law No. 6183.

With the decision of the Constitutional Court dated 22.06.2023 and numbered 2022/134 E., 2023/116 K., published in the Official Gazette dated 15.09.2023 and numbered 32310;

The provision regulated in subparagraph (1) of the first paragraph of Article 28 of the Law No. 6183 on the Procedure for the Collection of Public Receivables, which stipulates that "the dispositions made by the debtor with the debtor's blood relatives up to this degree, including the third degree, and his/her spouse and his/her relatives up to this degree, including the second degree, to be subject to the annulment of the disposition shall be considered as donation" has been annulled.

In the aforementioned decision, "Considering that all kinds of legal transactions and acts related to assets can be subject to the action for annulment of the disposition, and if the disposition with consideration is accepted as a donation and subject to the annulment action, it is possible that the other party to the transaction may suffer damage in the amount of the price paid for the disposition with consideration, the rule restricts the parties' authority to make dispositions provided to them by the right of property;

on the other hand, determining directly by law how the dispositions between blood relatives and spouses of certain degrees of blood and marriage relatives and spouses will be legally qualified without allowing for a discussion on this issue makes it meaningless to make a defense during the trial and restricts the principle of equality of arms by providing a significant advantage to one of the parties over the other; the protection of public receivables may also be possible with a rebuttable presumption and a preference in this direction will have a milder effect on both the right to property and the freedom to seek rights". Articles 13, 35 and 36 of the Constitution and annulled.

The annulment provision will enter into force 9 months after the publication of the decision in the Official Gazette.