Finalization is not a requirement as a rule for the execution of a court order. However, there are some exceptions to this rule. In these exceptional circumstances, it is not possible to put the decision into execution without finalization. What is meant by the finalization of the decision is that the decision has not been appealed by the parties within the periods stipulated in the law or passed under the supervision of the Supreme Court. If the remedy is open for a number of decisions and the remedy is clear for the verdict given by the court, it will not be possible to mention that the remedy has been finalised unless the remedy for the remedy has expired or the request for the remedy has been finalised if the remedy has been applied. After the decision, which has been finalised by passing through the supervision of the Supreme Court and by not being applied to the way of Appeal, on what date and in what manner it has been finalised, the director of the pen shall comment and this commentary shall be signed by the judge. This is called” definitive interpretation”. HMK 305 and 306. the way of the tawzih regulated in the article does not affect the finalization. In other words, it is possible to put the decision into execution without waiting for the conclusion of the appeal and (if open) the decision, even if a final provision is requested due to the exhaustion of the ways of correcting the decision. Judicial expenses, compensation, interest, etc .add-ons in judgments that cannot be executed without finalization cannot be executed without finalization. A decision to be finalised in order to be put into pursuit must be finalised on the date of the pursuit. For a notice that is not finalized on the date of follow-up, even if it is later finalized, the follow-up can be cancelled by means of a complaint. of course, this situation will not prevent the re-execution of the decree after the decision is finalised. The executive director is required to supervise whether the warrant can be put to execution without being finalised. In the event that a warrant which is required to be finalized for execution is put into execution without finalization, an application may be made to the execution court for the cancellation of the follow-up with an injunction by way of an indefinite complaint. In order to be put to execution, the decrees which must be finalized;

1-notices relating to the same property

2-family and Persons Law,

3-verdicts issued on the enforcement of decisions of foreign courts or arbitrators,

4-verdicts given in negative detection or repurchase (repurchase) cases,

5-Court of accounts notices,

6-Judicial Expense in the decision on the acceptance of the ration case (in case of rejection of the case, no finalization is required.)

7-regardless of the flag and registration record, we can list all ships and their rights in kind as notices.

In practice, it is observed that errors of interpretation are made in determining whether a decision is related to the same property. There is no doubt that the case relates to the same of the real estate if the court ruling will result in a change of property right. Title deed cancellation and registration cases, şufa (preliminary) cases can be cited as examples of this. In the semen cases of intervention, the situation varies depending on whether there is a claim to property rights. If the case is a semen case for interference with property rights, the decision will be finalised. However, if there is no claim of ownership by the defendant, There is no dispute as to who owns the property, such interference will not be finalised in semen cases. For example, if there are parts that the lessee has occupied and used extra in violation of the lease agreement, and semen has been requested for intervention for these parts, there is no dispute regarding the right of ownership, no certainty shall be sought for the execution of such decisions. In a case requiring the removal of the commentary in the land registry, if the commentary subject to the lawsuit is in the nature of property rights, the case will still be considered related to the same of the real estate, the sentence will have to be finalized in order for the execution to be requested. The provisions of the annex to the Oct of the decree cannot be executed without finalization. For example, in the case of title deed cancellation and registration, it is not possible to expect the title deed cancellation part of the provision to be finalized and to put the judicial expenses and attorney fee which is in the nature of add-on to the execution. Although the provision issued with rent determination cases is not related to the same of the real estate, it is one of the rulings that cannot be executed without being finalized according to the Supreme Court. Family and persons law (MK m.8-494) the relevant provisions cannot be executed without finalization. To be understood here, correction of name, correction of last name, age classification, Nez custody, paternity case, correction in genealogy, and divorce provisions in the nature of personal or family of such person direct Oct IT related to a change in the structure of this sentence with a sentence that creates the legal status of provisions in the nature of Oct. Legal persons are also accepted within the concept of person. The proclamations concerning the delivery of children and the establishment of personal relations with the child cannot be executed without being finalized. Since the provision of the intellectual and industrial rights (law) court to prevent unfair interference with the design of registration through product similarity is a violation of the registered right of the person’s law, such rulings cannot be executed without being finalized. For the collection of the pecuniary and non-pecuniary compensation provided with the divorce, the section of the notice related to the divorce must be finalized. Without finalization of this section of the decree, compensation and interest in the nature of add-ons may not be requested. But the situation in alimony is slightly different. That is, in the injunction alimony, the appeal of a provision relating to the granting of alimony does not stop the execution of the injunction. Even if you receive alimony, it is not possible to stop the execution of the decree even for the guarantee. However, according to the Supreme Court, finalization is sought for enforcement follow-up, as is the case with financial non-pecuniary compensation for poverty and associate alimony. Although the issue of poverty child support is debatable, since the associate child support is a contribution paid for the Joint Child, and since the Joint child / children will be in custody while the decision is being appealed, it means that the party left custody will be deprived of this associate child support for the livelihood of minors until the decision is finalised, which in our view As is known, while the trial is going on, the alimony ruled by the court for the spouse is not the alimony of poverty, but the alimony of measure, and seeking certainty in order to claim this alimony ruled by measure would be contrary to the spirit of measure. However, alimony, which is decreed for the period after the divorce and decided to be paid to the spouse, is no longer a measure, poverty alimony, and this provision can not be executed without being finalized, nor can it be executed without being finalised in the same way as the court decision to abolish the said alimony. In the divorce decree, if it is decided to terminate the alimony, the execution can not be done until the divorce provision is finalized, the part about the termination of the alimony can not be exercised unless the decree is finalized, that is, alimony will have to be paid until the divorce decree is finalized. Although it is included in family law, the cases related to the contribution are not in the nature of the octet of the divorce decree but are independent of it. Therefore, no certainty is required for the execution of the decrees on which the contribution will be received. Likewise, the cost of the jewelry that is decided in the divorce decree is not an octet of the divorce decree, since it is an independent case from the divorce case, it is a proclamation that can be followed without being finalized.