Execution and non-execution of injunctive Lien
There has long been debate in the doctrine about the nature of injunctive relief. Indeed The Law Is General
In the 2008/12-25 basis 2008/3 decision of the board dated 23.1.2008 County3;
‘For this reason, injunctive relief is not an execution follow-up process, but rather an aid to the actual execution follow-up process.,
an institution of a protective nature that provides assurance and is capable of turning into a follow-up process of execution in person,
it is a kind of precautionary action applied before the execution proceedings or the lawsuit to be filed. Injunctive relief
the fact that the execution was not a follow-up process, the Supreme Court said of the General Assembly of the law, “is the first of the injunctive sequestration. 289. in the article
“16.02.2000 days and 2000/12-49 basis and 2000/94
Decision no.; again “injunctive foreclosure Turkish Commercial Code 662. cutting the statute of limitations
reasons listed among the nature of the follow-up request regarding the ” 22.06.1968 day and 1967/805
The basis is clearly stated in the Decree No. 1968/475.”
it is stated that the injunction is not an execution follow-up process. For this reason, there must be a resolution No. 2279
the party has clearly stated that it has stopped the follow-up proceedings as well as the injunctive relief proceedings. Also
we would like to point out that during this process, a precautionary lien decision can be requested and a precautionary lien decision can be made.
But the execution of the injunction is not possible.
3. Exceptions To Resolution 2279
In the resolution, execution follow-up for alimony receivables was excluded from the discontinued follow-up and operations. This
therefore, all kinds of alimony receivables can be continued. As a matter of fact, the execution is halted
considering the purpose of the decision, the exception of child support follow-up coincides with this decision
we believe that.