T.C<\/p>\n
SUPREME COURT 12. Law Department
\nBase No:2018\/3154
\nDecision No :2018\/7106
\nDate of Decision : 02.07.2018<\/p>\n
THE DECISION OF THE SUPREME COURT
\nCOURT: Executive Civil Court
\nThe creditor of the appellant’s examination within the time limit of the court decision, the date and number of which are written above
\nupon request by the department, the file related to this work has been sent from the scene to the apartment and the case file
\nafter listening to the report prepared by the Examining Judge … and all the documents in the file
\nafter reading and studying, the need for the work was discussed and considered:
\nThe debtor’s deputy has applied to the enforcement court; in addition to other objections, ilaml\u0131ml\u0131 enforcement against his client
\nthat the prosecution has been initiated, that the decision to be prosecuted has not been finalized, because it is aimed at the law of the person
\nclaiming that the issue of follow-up cannot be made without finalization, we request that the cancellation of the follow-up be decided
\nthe provisions concerning the law of the deceased, the court, the family and the person cannot be executed without finalization,
\nAccording to the decision of the Civil Court on Intellectual and Industrial Rights, the plaintiff-legal entity has the right to
\nit cannot be executed until it is certain that it is related to compensation for unauthorized use
\nit was seen that the request was accepted on the grounds and the decision was made to cancel the follow-up.
\nProvisional Article 3 of the Code of Civil Procedure No. 6100. the article should be applied by sending
\n443\/1 of the HUMK. according to the article, the appeal does not stop the execution of the decision. So, as a rule, your decision
\nthe fact that it has not been finalized does not prevent the fulfillment of the decision. Exceptions to this rule are also in the law
\nit is arranged.
\nIlams on the law of the family and the person (HUMK.443\/4 m.) it cannot be executed without finalization. Mentioned
\nthe provisions set out in the article are contained in the books \u201cThe Law of Persons\u201d and \u201cFamily Law” of the Civil Code
\nthere are not all provisions related to the issues, but there are legal ones related to the direct personal or family structure of a person
\nthe ilams that create changes in the case of and the provisions of these ilams in the nature of feri (for example
\nfirst name, last name, age correction, custody order, paternity case, birth correction, divorce and its fer
\nas for the provisions of the nature…). Again, instructions on the delivery of a child and the establishment of a personal relationship with the child
\nda cannot be executed unless it is finalized (Baki Kuru-Enforcement and Bankruptcy Law Handbook, pages 923-924).
\n3. Istanbul, which is the basis of enforcement proceedings in a concrete case. Intellectual and Industrial Rights Law Court
\n2012\/110 e., 2015\/16 K., dated 03.02.2015, for unauthorized use of images of an artifact
\narticle 68 of the Law No. 5846. that he will receive the requested copyright compensation in accordance with the article
\nrelated. Although Ilam is related to the law of the person, in the legal situations related to the person of the parties
\nin order not to have a result that creates a change, but only affects the asset, so that it can be monitored
\nit doesn’t have to be final.
\nIn that case, the court should decide on the rejection of this complaint and other reasons contained in the complaint petition according to the result that will be formed by examining it, while it is incorrect to decide on the cancellation of the follow-up with a written justification.
\nCONCLUSION: The court decision on the acceptance of the creditor’s appeals for reasons set out above
\n366 of the IIK and 428 of the HUMK. in accordance with the articles (ON DETERIORATION), the request of the fee received in advance
\nin case of refund, within 10 days from the notification of the decision, the decision correction path will be open,
\nit was decided unanimously on 02.07.2018.<\/p>\n