Special Authorization Rule for Alimony Cases – Supreme Court Decision

T.C.

SUPREME
12. law office

Main Number : 2016/26097
Decision No :2018/333

Decision Date: 18.01.2018
SUPREME COURT DECISION
COURT: Executive Law Court
The creditor of the appellate examination within the period of the court decision with the date and number written above
upon request, the file related to this work was sent to the apartment from the scene, and the case file
after hearing the report issued by the Audit Judge … and all the documents in the file
after being read and examined, the necessity of the work was discussed and considered:
By the creditor, … 2. Divorce case No. 2010/567 of the Civil Court of First Instance
Decriminalized by the general foreclosure initiated based on the interim decision of the precautionary alimony given in the file
in the follow-up, example 7 upon notification of the payment order, the debtor pays the enforcement office within the legal period
in the application, together with the objection to the debt, the authorized enforcement office has the location of the settlement … The Enforcement Office
claiming that it is … by the creditor after he also objects to the authority of the Enforcement Offices
an application to the enforcement court requesting the removal of the debtor’s objections, the court; follow-up
the interim decision on precautionary alimony, which is the basis, is not a decision, as well as the 38th Dec. ref I in accordance
since it cannot be counted from the qualified documents, it is a bet that the debtor’s authority objection is in place
it is seen that the refusal of the creditor’s request to remove the objection was decided on the grounds.
TMK’s 177. in the article “Alimony lawsuits to be filed after the divorce of the alimony creditor
the settlement court is authorized”; special electoral jurisdiction rule for alimony cases
it is arranged that in the case of alimony receivables, the plaintiff is the creditor, except for the residence of the debtor
follow-up can also be carried out at the residence.
In that case, the court shall accept the request to remove the objection to the authority and the other objection of the creditor
the reasons for the removal should be examined and decided according to the result to be formed with written justification
the provision in the direction of refusal is unjustified.
CONCLUSION : With the acceptance of the creditor’s appeals, the court’s decision is based on the reasons written above
366 of the IIK and 428 of the HUMK. in accordance with the provisions (DETERIORATION), the fee received in advance is requested
in case of extradition, within 10 days from the notification of the decision, the way to correct the decision will be open,
it was decided unanimously on 18.01.2018.

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