11 Apr Enforcement Of Decision
DECREES THAT CANNOT BE EXECUTED WITHOUT FINALIZATION
Finalization is not a requirement as a rule for the execution of a court order. However, there are some exceptions to this rule. In these exceptional circumstances, it is not possible to put the decision into execution without finalization.
HMK 305 and 306. the way of the tawzih regulated in the article does not affect the finalization. In other words, it is possible to put the decision into execution without waiting for the conclusion of the appeal and (if open) the decision, even if a final provision is requested due to the exhaustion of the ways of correcting the decision.
Adjudication expenses, compensation, interest add-ons in judgments that cannot be executed without finalization cannot be executed without finalization.
A decision to be finalised in order to be put into pursuit must be finalised on the date of the pursuit.For a notice that is not finalized on the date of follow-up, even if it is later finalized, the follow-up can be cancelled by means of a complaint. Of course, this situation will not prevent the re-execution of the decree after the decision is finalised.
The executive director is required to supervise whether the warrant can be put to execution without being finalised. In the event that a warrant which is required to be finalized for execution is put into execution without finalization, an application may be made to the execution court for the cancellation of the follow-up with an injunction by way of an indefinite complaint.
In order to be put to execution, the decrees which must be finalized;
1-notices relating to the same property
2-family and Persons Law,
3-verdicts issued on the enforcement of decisions of foreign courts or arbitrators,
4-verdicts given in negative detection or repurchase (repurchase) cases,
5-Court of accounts notices,
6-Judicial Expense in the decision on the acceptance of the ration case (in case of rejection of the case, no finalization is required.)
6-we can list all ships and their rights in kind, regardless of their flag and registration.
1-Notices Relating To The Same Property
In practice, it is observed that errors of interpretation are made in determining whether a decision is related to the same property. There is no doubt that the case relates to the same of the real estate if the court ruling will result in a change of property right. Title deed cancellation and registration cases, şufa (preliminary) cases can be cited as examples of this.
In the semen cases of intervention, the situation varies depending on whether there is a claim to property rights.If the case is a semen case for interference with property rights, the decision will be finalised. However, if there is no claim of ownership by the respondent, there is no dispute as to who owns the property, such interference will not be finalised in semen cases. For example, if there are parts that the lessee has occupied and used extra in violation of the lease agreement, and semen has been requested for intervention for these parts, there is no dispute regarding the right of ownership, no certainty shall be sought for the execution of such decisions.
In a case requiring the removal of the commentary in the land registry, if the commentary subject to the lawsuit is in the nature of property rights, the case will still be considered related to the same of the real estate, the sentence will have to be finalized in order for the execution to be requested.
The provisions of the annex to the Oct of the decree cannot be executed without finalization. For example, in the case of title deed cancellation and registration, it is not possible to expect the title deed cancellation part of the provision to be finalized and to put the judicial expenses and attorney fee which is in the nature of add-on to the execution.
Although the provision issued with rent determination cases is not related to the same of the real estate, it is one of the rulings that cannot be executed without being finalized according to the Supreme Court.
2 -) family and Persons Law related to the rulings
Family and persons law (MK m.8-494) the relevant provisions cannot be executed without finalization. The Oct Oct of the legal status of the person, such as the name revision, last name revision, age revision, the Nez of custody, paternity case, nesep revision, divorce and the provisions which are attached to the person’s direct personal or family structure, which should be understood from here, and the provisions which are attached to these pronouncements. Legal persons are also accepted within the concept of person.
The verdicts concerning the delivery of children and the establishment of personal relations with the child cannot be executed without being finalized.
Since the provision of the intellectual and industrial rights (law) court to prevent unfair interference with the design of registration through product similarity is a violation of the registered right of the person’s law, such rulings cannot be executed without being finalized.
For the collection of the pecuniary and non-pecuniary compensation provided with the divorce, the section of the notice related to the divorce must be finalized. Without finalization of this section of the decree, compensation and interest in the nature of add-ons may not be requested. But the situation in alimony is slightly different.
As is known, while the trial is going on, the alimony ruled by the court for the spouse is not the alimony of poverty, but the alimony of measure, and seeking certainty in order to claim this alimony ruled by measure would be contrary to the spirit of measure. However, alimony, which is decreed for the period after the divorce and decided to be paid to the spouse, is no longer a measure, poverty alimony, and this provision can not be executed without being finalized, nor can it be executed without being finalised in the same way as the court decision to abolish the said alimony.
In the divorce decree, if it is decided to terminate the alimony, the execution can not be done until the divorce provision is finalized, the part about the termination of the alimony can not be exercised unless the decree is finalized, that is, alimony will have to be paid until the divorce decree is finalized.
The cases related to contribution in family law are not in the nature of the octet of the divorce decree but are independent of it. Therefore, no certainty is required for the execution of the decrees on which the contribution will be received. Likewise, the cost of the jewelry that is decided in the divorce decree is not an octet of the divorce decree, since it is an independent case from the divorce case, it is a proclamation that can be followed without being finalized.
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