WHAT IS COMPULSORY ENFORCEMENT PROCEEDINGS? IS IT POSSIBLE TO OBJECT TO COMPULSORY ENFORCEMENT PROCEEDINGS? - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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WHAT IS COMPULSORY ENFORCEMENT PROCEEDINGS? IS IT POSSIBLE TO OBJECT TO COMPULSORY ENFORCEMENT PROCEEDINGS?

16 Feb WHAT IS COMPULSORY ENFORCEMENT PROCEEDINGS? IS IT POSSIBLE TO OBJECT TO COMPULSORY ENFORCEMENT PROCEEDINGS?

Posted at 23:16h in INFORMATION by
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The follow-up method applied in cases where the court decision obtained by the creditor, the magistrate made before the court, the acceptance and the relevant notarial notes are available is the compulsory enforcement follow-up. In cases different from the money or money in question (eviction and delivery of real estate, etc.) this way is resorted to. It is necessary to add this medication to the follow-up initiated here. In addition, the general statute of limitations for compulsory enforcement proceedings is 10 years. On the other hand, in compulsory enforcement proceedings, the enforcement order prepared by the Enforcement directorate is notified to the debtor.

Without authorization problems, the creditor can initiate a follow-up process in any enforcement agency he wishes. Therefore, since there is no authorization rule, it is not possible for the borrower to object to the authority. It should be noted that, except in exceptional cases, it is not expected that the decision will be finalized in order to resort to the divine execution method. But; decisions on real rights related to immovable property, decisions on family and personal law, decisions on real rights related to all ships and related to them, decisions on the enforcement of foreign court decisions, decisions on the Court of Accounts, decisions on the exceptional finalization, regardless of whether it is registered on its flag and register, cannot be executed. In addition, the creditor or debtor who wins the negative determination case and is awarded compensation in his favor cannot apply for an additional enforcement action for compensation and trial expenses unless the negative determination decision is finalized.

If an addition that cannot be executed without finalization is executed by the creditor without finalization, the debtor has the right to file a complaint in the enforcement courts without a statute of limitations.

Here, the debtor who has received the executive order is not able to object to the debt. This is due to the fact that the item of receivables is attached to a court decision(decision).

However, the debtor is subject to Article 33 of the Enforcement and Bankruptcy Code. in accordance with the article, it also has the right to appeal that the debt has expired, been destroyed or redeemed by contacting the executive court with a petition within seven days from the notification of the executive order in this type of follow-up.

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