Injunction enforcement and non-execution
There has long been debate in the teaching about the nature of foreclosure proceedings. As a matter of fact, in the decision of the General Assembly of law dated 23.1.2008, 2008/12-25, the main 2008/3 decision Number 3;
‘For this reason, the injunction is not an enforcement follow-up process, but it helps the actual enforcement follow-up process,
an institution of a protective nature that provides assurance and is personally conducive to turning into an enforcement follow-up process,
it is a kind of injunction applied before the enforcement proceedings or the lawsuit to be filed. Prudential foreclosure
the fact that there is no enforcement follow-up process, the General Assembly of the Supreme Court of Law said: “injunction. 289. “16.02.2000 days and 2000/12-49 basis and 2000/94 decision no.; again” injunction 662 of the Turkish Commercial Code. cut the timeout in the article
“22.06.1968 day and 1967/805 basis, 1968/475 decision no., clearly stated in the declarations.”it is stated that the injunction is not the execution follow-up process. For this reason, it is clearly stated in resolution 2279 that the party has stopped the foreclosure proceedings as well as the follow-up proceedings. In addition, we would like to note that in this process, an injunction decision can be requested and an injunction decision can be made.
But enforcement of the injunction is not possible.
3. Exceptions to decision 2279 from the follow-up and transactions that were stopped in the decision, enforcement follow-up related to alimony receivables was excluded. For this reason, all kinds of transactions related to alimony receivables can be continued. As a matter of fact, given the purpose of the decision to stop the execution, we believe that the exclusion of alimony follow-up coincides with this decision.