T.C

Supreme Court 12. Legal Department Principal No: 2018/3154
Decision No: 2018/7106
Decision Date: 02.07.2018

THE DECISION OF THE SUPREME COURT
Court:Executive Law Court
The creditor of the appellant examination within the period of the court decision, whose date and number are written above
the case file was sent to the apartment from the file site upon request by
for all documents in the file after the report issued by the audit judge … has been heard and
after being read and examined, the necessity of the work was discussed and considered:
Debtor’s attorney in application to the court of execution; other objections against his client in addition to the execution with a writ
follow-up has been initiated, follow-up has not been finalized, because it is aimed at the person’s law
request that the cancellation of the follow-up be decided by asserting that the subject of follow-up cannot be made without finalization
the court, the family and the person can not be executed without finalization of the legal rulings,
The decision given by the court of intellectual and industrial rights to the personal rights of the plaintiff-legal person
non-enforceable without confirmation of compensation for unauthorized use
the request was accepted on the grounds that it was decided to cancel the follow-up.
Provisional 3 of the law on Civil Procedure No. 6100. should be applied by sending the article
Humk’s 443/1. in accordance with the article, the appeal does not stop the execution of the decision. So as a rule, the decision
the fact that it has not been finalized does not prevent the decision from being carried out. Exceptions to this rule are also in the laws
arranged.
Proclamations concerning the law of the family and the person (HUMK.443/4 m.) can not be executed without certainty. Cited
the provisions mentioned in the article are included in the “Persons Law” and “family law” books of the Civil Code.
not all provisions related to the subject matter, but the person’s direct personal or family structure related to the legal
it is the injunctions that make changes in the situation and the provisions of these pronouncements (e.g.
first name,last name, age revision, Nez of custody, paternity case, nesep revision, divorce and its fer
such as provisions of nature…). Again, the child delivery and personal relationship with the child related notices
da cannot be exercised unless it is finalized (Baki Kuru-Manual of enforcement and Bankruptcy Law, pages 923-924).
In the concrete case, the basis of the execution follow-up, Istanbul 3. Intellectual and industrial Rights Law Court
2012/110 E., 2015/16 K., Decree dated 03.02.2015, unauthorized use of artful images
arising from Act No. 68 of 5846. to receive the requested copyright compensation in accordance with the article
related. The law of the person, but the legal cases of the parties related to the person
in order to be able to be followed because it does not produce a changing result but only affects its assets
it doesn’t have to be final.
In that case, the court should decide on the rejection of this complaint and the other reasons in the complaint petition based on the result that will occur by examining, while the decision on the cancellation of the follow-up with written justification is not accurate.
Conclusion: acceptance of the appeal appeals of the creditor and the decision of the court for reasons written above
Iik’s 366 and Humk’s 428. in accordance with the articles (deterioration), the request for the mortar received in advance
in case of return, within 10 days of the notification of the decree to be clear the way to correct the decision,
On day 02.07.2018, a unanimous decision was made.