Can an Injunction Be Requested to Secure Compensation Claims That Are Likely to be Decided as a Result of a Divorce Case

Precautionary lien is a temporary legal seizure of the debtor’s property in order to ensure that the creditor will receive money. If the creditor generally doubts that the debtor will not pay the debt on time, he can first foreclose on his movable and immovable property.

In order for the precautionary foreclosure to be decided, the receivable must be due and not secured by pledge. Jul. If it is proved by the creditor that there are signs that the debtor is preparing to hide or smuggle his property in order to get rid of his obligations or that the debtor is personally preparing to flee, a precautionary foreclosure decision may be made for overdue receivables.

Although the claims for compensation in the nature of the ferin of the divorce case have not yet been resolved in the divorce case, according to the Executive Bankruptcy Code, in the presence of certain conditions, an injunction may also be issued due to an overdue receivable.

As it can be seen in the decision of the Supreme Court; after the abolition of the plaintiff a preliminary injunction, this time as a result of divorce in order to secure the compensation that they are likely to be swayed in favor of the defendant the odds, the dealership because of liens on receivables and other collateral rights and asked to place the Jockey Club, the court 17.07.2013 on this request “came to maturity, and a born-currency receivables is not available” on the grounds that it was rejected.It is true that the plaintiff’s claims for compensation, which are in the nature of writ of divorce in the divorce case, have not yet been resolved. According to the Enforcement Bankruptcy Code, a precautionary lien may be requested in the presence of certain conditions due to an overdue debt. (In.If.K.m.257) The person requesting precautionary foreclosure is responsible for all damages that the borrower and the third party will suffer for this reason if the foreclosure turns out to be unfair and is also obliged to provide collateral.(In.If.K.m.259) If the receivable is subject to an announcement, no guarantee is sought. In that case, while it is also possible to request collateral without evaluating whether the request for precautionary foreclosure is based on a justified reason, it was not considered correct to reject the request on the described reason.

 

THE RELEVANT SUPREME COURT DECISION:

Court of Cassation 2. Law Department Main No:2013/22392 Decision No:2013/26052

‘Between the parties “divorce” made during the procedure given by the court in the case of “the abolition of the precautionary measures” with the decision dated 11.07.2013 mutedair given hereinafter referred to as “denial of the request lien” was established on the decision of the appeal “of the objection denial” decision was appealed by the plaintiff dated 03.10.2013 additional related, although it was thought that discussed the need to read the paperwork:
1-The injunction decision established in accordance with Article 389 of the Civil Procedure Code at the request of the plaintiff was lifted at the preliminary examination hearing dated 11.07.2013 on the defendant’s objection, and this decision to lift was made against the face of the plaintiff’s attorney. Upon appeal of the decision on the injunction, the remedy of the law may be applied against the decision made on the appeal. (HMK.m.394/5) The application period for the path of the law is the period provided for in the law for the path of the law to which it relates. Upon appeal of the injunction, the decision to lift the injunction issued by the court was made against the appellant’s face. In this case, there is no need for a separate notification of this decision. The plaintiff did not apply for the remedy of the law within the fifteen-day period against the October decision dated 11.07.2013. In this case, since the time for applying to the law against the decision made on the appeal against the injunction has elapsed, it was necessary to decide on the rejection of the plaintiff’s appeal from this direction.
2-As for the plaintiff’s appeal against the decision on the rejection of the injunction lien request;
a)after the abolition of the plaintiff a preliminary injunction, this time as a result of divorce in order to secure the compensation that they are likely to be swayed in favor of the defendant the odds, the dealership because of liens on receivables and other collateral rights and asked to place the Jockey Club, the court 17.07.2013 on this request “came to maturity, and a born-currency receivables is not available” on the grounds that it was rejected. In case of refusal of the request for precautionary foreclosure, the creditor may apply to the law. (In.If.k.m.258/3) It is explained in the Government justification of Law No. 4949 that the way of appeal is the way of the law provided for in the provision. At the moment, if a decision is appealed, the appeal of which is able and open, it is not possible in due course for the court that issued the decision to consider and reject this appeal on the basis of the merits. In this regard, the court of Appeals that has considered the appeal against the decision of rejection of claim of lien’s denial” about a decree that established the authority and duty of the court in its decision, 03.10.2013, except set in a distortion removal of this decision, liens or rejection of the request submitted against the decision of the appeal, the appeal had to be made to examine the nature of the decision adopted.
(b) It is true that the plaintiff’s claims for compensation, which are in the nature of a waiver of divorce in a divorce case, have not yet been resolved. According to the Enforcement Bankruptcy Code, a precautionary lien may be requested in the presence of certain conditions due to an overdue debt. (In.If.K.m.257) The person requesting precautionary foreclosure is responsible for all damages that the borrower and the third party will suffer for this reason if the foreclosure turns out to be unfair and is also obliged to provide collateral.(In.If.K.m.259) If the receivable is subject to an announcement, no guarantee is sought. In that case, while it is also possible to request collateral without evaluating whether the request for precautionary foreclosure is based on a justified reason, it was not considered correct to reject the request on the described reason.

CONCLUSION: Above (2.) paragraph (a) liens for the reason that is shown in denial of the request for appeal against the decision on the appeal of the denial decision dated 03.10.2013 additional mutedair is disrupted, and to be removed, the rejection of the plaintiff’s claim for lien decision dated 17.07.2013 above (2.) the plaintiff’s request to appeal against the decision dated 11.07.2013 on the cancellation of the injunction for the reason indicated in paragraph (b) of article (1.) for the reason indicated in the paragraph, it was decided by a majority vote to refuse the “expiration date”, to return the advance fee of the appeal to the depositor.12.11.2013(Tuesday).’’

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