Categories: General

Injunctive Relief Decisions and Innovations Introduced by The Law On Civil Procedure 6100

1. According to the former Law On Civil Procedure, the creditor who had the documents in his hand would go out of court and get an injunction and just start enforcement proceedings. Execution would first foreclose cautiously, confiscating the debtor’s property; then, the normal execution would send a payment order. There’s no change in that.
2. 6100 SK new Law On Civil Procedure, in receivables that are not the subject of the same lawsuit, only an injunction was issued and the path to an injunction was closed. The creditor is able to make an injunction decision with the main number in the case, which the debtor can ask the court to avoid missing his property in order to get what the subject of the lawsuit will receive.
3. During the course of the case, a creditor who has made an injunction decision only with his main number can request an injunction only on the debtor’s goods and third-party receivables with this decision; however, after this injunction in execution, he will not send a payment order as a follow-up way. This injunction will wait until the case is final.
4. The old type of injunction order issued to obtain the same non-litigated money receivable receives the same different business number from the court as the base and decision number, while the new injunction number Bears only the court base number. In the execution of these decisions, the Enforcement Department will only send injunctions, not follow-up routes, and wait.

Aşıkoğlu Law Office

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