08 May NON-PECUNIARY COMPENSATION AWARDED FOR DEATH AND BODILY HARM SHALL BE PUT INTO EXECUTION WITHOUT FINALIZATION
T.C. SUPREME
12. Law Department
Base No:2018/2790
Decision No :2018/5318
Date of Decision : 28.05.2018
THE DECISION OF THE SUPREME COURT
COURT: Executive Civil Court
The creditor of the appellant’s examination within the time limit of the court decision, the date and number of which are written above
upon request by the department, the file related to this work has been sent from the scene to the apartment and the case file
after listening to the report prepared by the Examining Judge … and all the documents in the file
after reading and studying, the need for the work was discussed and considered :
The debtor’s deputy stated that ilamm enforcement proceedings had been initiated against his client, and that the ilam subject to follow-up had not been finalized,
follow-up before it is certain that the claims related to the receipt of non-pecuniary compensation are directed to the law of persons
claiming that it could not be done, he requested that the cancellation of the proceedings be decided by the court, the family
and the request is accepted on the grounds that the decisions on the person’s law cannot be executed without finalization
it was seen that the decision was made to cancel the follow-up.
Provisional Article 3 of the Code of Civil Procedure No. 6100. the article should be applied by sending
443/1 of the HUMK. according to the article, the appeal does not stop the execution of the decision. So, as a rule, your decision
the fact that it has not been finalized does not prevent the fulfillment of the decision. Exceptions to this rule are also in the law
it is arranged.
Ilams on the law of the family and the person (HUMK.443/4 m.) it cannot be executed without finalization. Mentioned
the provisions set out in the article are contained in the books “The Law of Persons” and “Family Law” of the Civil Code
there are not all provisions related to the issues, but there are legal ones related to the direct personal or family structure of a person
the ilams that create changes in the case of and the provisions of these ilams in the nature of feri (for example
first name, last name, age correction, custody order, paternity case, birth correction, divorce and its fer
as for the provisions of the nature…). Again, instructions on the delivery of a child and the establishment of a personal relationship with the child
da cannot be executed unless it is finalized … Handbook on Enforcement and Bankruptcy Law, pages 923-924).
In the concrete case, which is the basis of enforcement proceedings.. 2. 548/2014 of the Court of First Instance is Based on,
Decision No. 2014/1333 and decree No. 17/12/2014, No. 6098 on the cause of death and bodily harm, Turkish
56 of the Code of Obligations. it is related to the non-pecuniary compensation provided for in accordance with the article, and above
since it is not among the specified ones, it does not need to be Decertified in order to be followed up.
In that case, the court should decide on the rejection of the complaint, while the acceptance of the complaint on written grounds
the decision to cancel the follow-up is incorrect.
CONCLUSION: The court decision on the acceptance of the creditor’s appeals for reasons set out above
366 of the IIK and 428 of the HUMK. in accordance with the articles (ON DETERIORATION), the request of the fee received in advance
the refund of the case was decided unanimously on 28/05/2018, with the way to correct the decision open within 10 days of the notification of the decision.
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