NEWSLETTER-2017

259 LAW OF OBLIGATIONS TCO, as special and different types of special liens under the Turkish Civil Code, is dealt with in Article 270, as well as in the following articles of the Enforcement and Bankruptcy Law (“EBL”). The Legal Regulations and the Implementation Article 336 of the TCO sets out Special Liens in Favour of the Lessor as follows: “In terms of immovable property leases, as security for rent for the past year and the current six-month period, lessor has a special lien on movable properties upon the leased immovable property and is either used as fixtures, or required for the use of the leased immovable property.” As well, Article 338 of the same code is as follows: “Where the lessee wishes to vacate the immovable property, or intends to remove the objects located therein, the lessor may, upon the decision of the judge of the court of peace or the bailiff, retain such objects as are required to secure his claim. If the items that are the subject of the retention decision are removed secretly or by force, such items may, with police assistan- ce, be brought back onto the leased immovable property within ten days of their removal.” Article 270 of EBL on the “Preparation of Ledger for Special Lien” in relation to the provision under TCO is as follows: “Lessor may request the assistance of the bailiff ’s office prior to the commencement of the enforcement proceeding for the tem- porary protection of the special lien. If the delay constitutes danger, the assistance of the munici- pal police or sub-district governor may also be requested. Bailiff ’s Office prepares the inventory of the items subject to special lien and grants an appropriate period to the lessor for the commencement of enforcement proceeding by way of foreclosure of collateral provided that such period does not exceed fifteen days.”