Execution of Judgments

DECISIONS THAT CANNOT BE EXECUTED WITHOUT BEING FINALIZED

As a rule, finalization is not required for the court decision to be put into execution. However, there are some exceptions to this rule. In these exceptional cases mentioned below, it is not possible to put the decision into execution without finalization.

HMK 305 and 306. the way of attitude regulated in the article does not affect the finalization. In other words, even if an appeal and (if it is open) a concession of a judgment that has become final due to the exhaustion of the decision correction avenues is requested, it is possible to put the decision into execution without waiting for the conclusion of the concession request.

Add-ons such as trial expenses, compensation, interest in decisions that cannot be executed before they are finalized cannot be executed until the judgment is finalized.

In order for a decision to be finalized in order to be put under follow-up, it must be finalized on the date it is put under follow-up.For a decision that has not been finalized on the follow-up date, even if it has been finalized later, the cancellation of the follow-up can be made through a complaint. Of course, this situation will not constitute an obstacle to the re-enforcement of the judgment after the decision is finalized.

The executive director should supervise whether the decision can be put into execution before it is finalized. In the event that a decision that requires finalization in order to be put into execution is put into execution before it is finalized, an application may be made to the enforcement court for the cancellation of the legal proceedings through an indefinite complaint.

Decisions that must be finalized in order to be put into execution;

1-Declarations related to the same of the real estate

2-Decisions related to family and personal law,

3-Decisions issued regarding the enforcement of foreign court or arbitration decisions,

4-Decisions issued in cases of negative determination or ouster (repurchase),

5-Decisions of the Court of Accounts,

6-The cost of the trial in the decision on the acceptance of the ration case (In case of rejection of the case, finalization is not required.)

6-We can list them in the form of decrees related to all ships and related rights in kind, regardless of their flag and whether they have a registration record or not.

1-Declarations Related to the Same of the Real Estate

In practice, it is found that interpretation errors are made in determining whether a decision is related to the same real estate. If the decision to be made as a result of the court will have a result such as a change in the right of ownership, there is no doubt that the case is related to the same real estate. Land registry cancellation and registration cases, şufa (önalim) cases can be shown as examples of this.

In the semen cases of the intervention, the situation changes according to whether there is a property right claim or not.If the case is a case of interference with the intervention filed due to the property right, the finalization of the decision will be sought. However, if there is no property claim of the defendant party, since there is no dispute about who owns the property, finalization will not be sought in cases of such interference. For example, if there are parts that the tenant occupies and uses extra in violation of the lease agreement, and if intervention has been requested for these parts, there is no dispute about the right of ownership, there will be no finalization for the execution of such decisions.

In a lawsuit requesting the cancellation of the annotation contained in the land registry register, if the annotation subject to the lawsuit is a property right, the lawsuit will again be considered related to the same real estate, it will need to be finalized in order for the execution of the provision to be requested.

The provisions contained in the annexes of the October decree in the decisions related to the same real estate cannot be put into execution without being finalized. For example, in the case of title deed cancellation and registration, the title deed cancellation part of the provision is expected to be finalized, and it is not possible to put into execution the trial expenses and power of attorney fee, which are in the nature of add-ons.

Although the provision given in rent determination cases is not related to the same real estate, according to the Court of Cassation, it is one of the decisions that cannot be put into execution without being finalized.

2-) Decisions on Family and Personal Law

Family and personal law (MK m.8-494) the relevant provisions cannot be put into effect until they are finalized. To be understood here, correction of name, last name correction of age classification, Nez custody, paternity case, a correction in genealogy, divorce, family structure and in the nature of provisions related to such direct personal or Oct of person that creates a change in the legal status of the provisions of this sentence with a sentence in the nature of Oct. Legal entities are also accepted within the concept of a person.

Decisions regarding the delivery of a child and the establishment of personal contact with the child cannot be put into effect until they are finalized.

Since the provision formed by the intellectual and industrial rights (civil) court to prevent unfair interference with the design of registration through product similarity constitutes an infringement on the registered right to personal law, judgments of this nature cannot be executed until they are finalized.

In order to collect the material and moral compensation given together with the divorce, the section of the judgment related to the divorce, which is the subject of follow-up, must be finalized. Compensation and interest, which are in the nature of add-ons, cannot be requested before this part of the decision is finalized. However, the situation is a little different in alimony. That is to say;

In the case of precautionary alimony, the appeal of a provision on the granting of alimony does not stop the execution of the judgment. Even when he is going to receive alimony, it is not possible to stop the execution of the decision (Postponement of execution) even in exchange for collateral.However, according to the Court of Cassation, finalization is sought for enforcement proceedings for poverty and subsidiary alimony, as in the case of pecuniary and non-pecuniary compensation. Although the issue of poverty alimony can be discussed, since alimony is a contribution paid for a joint child and the joint child / children will be on the side left in custody while the decision is under appeal, custody means that the party left to him will be deprived of this alimony until the decision is finalized, which, in our opinion, is not compatible with justice.

As is known, the alimony ordered by the court for the spouse during the trial is not poverty alimony, but precautionary alimony, and seeking finalization in order to request this precautionary alimony would be contrary to the spirit of the precautionary measure. However, the alimony that has been stipulated for the period after the divorce and decided to be paid to the spouse is no longer a measure, but poverty alimony, and this provision cannot be enforced until it is finalized, and the court decision to abolish this alimony will not be executed until it is finalized in the same way.

If it is decided to withhold alimony in the divorce decree, since the divorce decree cannot be executed until it is finalized, the part about withholding alimony will also not be enforceable until 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 contribution share are the decisions related to the divorce decision, which are independent of it, and not as an October. For this reason, finalization is not required for the execution of the decisions regarding the receipt of contribution share. Likewise, the price of the jewelry ruled in the divorce decision is not an October of the divorce decision, but is an independent case from the divorce case, so it is one of the decisions that can be followed up without being finalized.

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