In a court decision that has not been finalized, the creditor party may collect the Local Court decision through enforcement follow-up. A party that is a creditor in the case can apply to all means that it can collect what it will receive while the case file is still under the review of the Supreme Court, there are only obstacles to the sale of real estate.
The debtor may refrain from making payments while the case file is under review in a Superior Court..In this case, there are two ways that the borrower can try. First of all, the debtor party can wait for a decision from the Supreme Court on this, stating the request for execution of the delay while appealing the decision of the Local Court. In this case, the court of Cassation accepts or rejects the execution and the Court of Cassation determines whether the decision of the local court can be executed.
The other way is for the debtor who does not specify or forgets to specify the delay when appealing the request for execution. If the creditor wants to collect the decision of the Local Court through execution, first of all, the Local Court must send the request for execution to the Supreme Court as a result of depositing a guarantee to the account of the director, taking derkenar that it has appealed this decision and the executive director must submit the request for execution to the Supreme Court, and the Court of Cassation must conclude it and return it for an appropriate period of time. Executive Director, Executive and Bankruptcy Law m.If it carries the conditions at 36, it will give the borrower an appropriate period of time. The delay of this period, which is given by the executive director, is not a final decision like the execution. It consists of a period of time given to the debtor to request tehiric execution to the Supreme Court and for the Supreme Court to decide this request and notify the parties to the case. This period begins from the day the case goes to the Supreme Court.
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