Enforcement Proceeding With Judgement - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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Enforcement Proceeding With Judgement

23 Jan Enforcement Proceeding With Judgement

Posted at 23:03h in General by
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In cases where the court decision obtained by the creditor has Magistrates, admissions and related notary Bills made before the court, the follow-up is the execution follow-up with the announcement. In cases where the subject is different from money or money ( evacuation and delivery of real estate, etc.) this path is referenced. It is necessary to add this announcement to the follow-up initiated here. In addition, the general statute of limitations for declared execution follow-ups is 10 years. On the other hand, the executive order prepared by the Executive Directorate in the follow-up of the ilamli execution is communicated to the debtor.

Without authorization problems, the creditor can initiate the follow-up process at any execution Department. Therefore, since there is no authority rule, it is not possible for the debtor to object to the authority. It should be noted that, except in exceptional cases, the declaration is not expected to be finalized in order to apply for the declared execution path. But; declarations on real rights related to Real Estate, declarations on family and Persons Law, declarations on real rights related to all ships and related rights in kind, regardless of whether they are registered in the flag and register, decisions on enforcement of foreign court orders, decisions such as Court of accounts, cannot be executed unless they are exceptionally final. In addition, the creditor or debtor who has won the case for negative judgment and has been awarded compensation in his favor cannot apply for compensation and judicial expenses for the execution of the declaration unless the negative judgment has been finalized.

If an application that cannot be executed without completion is placed into execution by the creditor without completion, the debtor has the right to complain in the enforcement courts without a statute of limitations.

Here, it is not possible for the debtor who has received the executive order to object to the debt. The reason for this is due to the fact that the credit item is bound to a court order(decision).

However, the debtor, enforcement and Insolvency Act 33. in accordance with the article, he also has the right to appeal that the debt has expired, been destroyed or redeemed by applying to the executive Court with a petition within seven days of the notification of the executive order in this type of follow-up.

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