Abstract:

The creditors recourse to the assets of the debtor when the debtor does not perform his obligation. The elements of the assets of the debtor constitute a sort of guarantee for the creditors. The debtor is liable for his obligation with all of his goods, rights and claims as a rule. However some goods of the debtor are exempted from distraint so that the debtor can continue his and his family’s life on the grounds of both humanistic and public order thoughts. One of these goods is the house of the debtor, regulated in the Article 82/12 of the Code of Enforcement and Bankruptcy, which is in accordance with his economic condition. The debtor may assert by having recourse to the remedy of complaint that his house which is in accordance with his economic condition can not be distrained in case his such house is distrained. It is accepted that this claim may be asserted by the members of his family besides the debtor. The claim of non-distrainability can be asserted not only in the debt enforcement but also bankruptcy

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