18 May Execution Before Finalization Of The Non-pecuniary Compensation Decision For The Cause Of Death
T.C. SUPREME
12. Legal Department Principal No: 2018/2790
Decision No: 2018/5318
Decision Date: 28.05.2018
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, execution proceedings against his client has been initiated, the issue of follow-up has not been finalized,
non-pecuniary compensation is directed to the law of the persons to follow without certainty
the court, the family, has requested that a decision be made to cancel the follow-up by claiming that the subject cannot be made.
the request is accepted on the grounds that the rulings relating to the person’s law cannot be executed without finalization.
it was decided to cancel the follow-up.
Provisional 3 of Law No. 6100 on Civil Procedure. 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 … Handbook of enforcement and Bankruptcy Law, pages 923-924).
In the concrete case, which is the basis of enforcement proceedings .. 2. 2014-2011 Basis Of The Court Of First Instance,
Decision No. 2014/1333 and decree dated 17/12/2014 Turkish No. 6098 for the cause of death and bodily harm
56 Of The Code Of Obligations. it is related to the non-pecuniary compensation which is ruled in accordance with the article, above
since it is not included in the list, it does not need to be finalized in order to be able to be followed.
In that case, the court should decide whether the complaint should be dismissed, but the complaint should be accepted on Written grounds
with the cancellation of the follow-up 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
his extradition was decided unanimously on 28/05/2018, with the way to correct the decision within 10 days of the notification of the decree.
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