14 Oct Elucidate And Allocation Of Provision
304 entitled correction and advice of the provision of the Code of Civil Procedure. references;
Article 304 – (1) errors of writing and account in the provision, as well as other similar obvious errors, may be corrected by the court at the request of resen or one of the parties. If the sentence has been served, the judge cannot correct the error without listening to the parties. If the parties do not come upon the invitation, a decision may be made by reviewing the file.
(2) if a correction decision is made, the decision on the corrected matters is written, signed and sealed under the copies provided in the court or on a separate paper to be added to them. If the elucidate institution is regulated in articles 305 and continuation of the Code of Civil Procedure.
Article 305 – (1) if the provision is not clear enough or causes hesitation in its execution or contains contradictory paragraphs, each of the parties may request that the provision be explained or that the hesitation or contradiction be eliminated until its execution is completed.
(2) the rights and obligations granted to the parties in paragraph of the provision may not be limited, expanded or changed by way of advice.
No. 305 of HMK 6100. according to the first paragraph of the article, the meaning of the advice is possible if the provision is not clear enough, there is hesitation in its execution, or if it contains contradictory paragraphs. In the second paragraph, the rights and obligations granted to the parties in the provision paragraph through the advice may not be limited, expanded or changed. A matter that can be examined by appeal cannot be corrected by means of a concession as a result of a retrial. Evidencing is only concerned about the provision clause. For this reason, it is not possible to resort to the way of advice to explain the reason for the provision. However, if there is a hesitation between the provision clause and the justification, it is possible to resort to the way of compromise to eliminate this contradiction. In particular, it is possible to refer to the court of Cassation’s decisions. Here, the provision does not need to be finalized in order to apply for the path of compromise. For decisions that have not been finalized, advice may also be requested until the execution (execution) of the provision. It should be noted that there is no stopping the appeal period by requesting a compromise. After the execution of the declaration, it is possible to request the recommendation of the decree until the execution of the declaration is fully implemented. The decision is only agreed by the court that gave it, so the executive directorates do not have the right to agree. The judge cannot decide on the demands forgotten in the sentence by way of concession and add them to the sentence. He cannot make a decision about the power of attorney or interest that he forgot when making such a decision and add it to his provision. In the same way, the contradiction between the short decision and the reasoned decision cannot be resolved by means of compromise.
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