Article 337(1) of the Execution and Bankruptcy Law (“EBL”) which provides that, “Debtors who fail to come to the execution office for the declaration of their assets or to declare their assets in writing without a legitimate excuse shall be sentenced to 10 days of disciplinary imprisonment upon the request of the creditor” has been annulled by the Constitutional Court’s decision dated 28 February 2008 and numbered 2006/71 E., 2008/69 E. Such decision of the Constitutional Court has been in effect since April 16, 2009.

Further to the decision of the Constitutional Court, the 16. Civil Chamber of Court of Appeals rendered its decision dated 21 June 2010 and numbered 2010/3945 E., 2010/4412 K. which provides that although Article 337(1) of the EBL has been annulled, since Article 76 of the EBL regulating that “The debtor failing to deliver a declaration of assets is compelled by the execution judge at the creditor’s request by a one-time confinement until making the declaration. However this confinement may not exceed three months” is still in force, in the event the debtor receives the payment order including the notice for the declaration of assets in accordance with Article 168 of the EBL but still does not make a declaration of assets in due time or makes a false declaration, such debtor shall be sentenced to imprisonment from three months to one year upon the request of the creditor in accordance with Article 338 of the EBL.