The Value Of The Property Or Right To Which The Execution Court Decision Relates Must Exceed The Said Amount Determined
T.C. JUDICIARY
8th Civil Chamber
Main: 2014/21867
Decision: 2016/10043
Decision Date: 08.06.2016
THE VALUE OF THE PROPERTY OR RIGHT TO WHICH THE JUDGMENT OF THE COURT OF EXECUTION RELATES MUST EXCEED THE AMOUNT IN QUESTION – UPHOLDING THE JUDGMENT
SUMMARY: According to the special regulation in the last sentence of the same paragraph, the value of the property or right to which the decision of the execution court is related must exceed the amount determined according to the special regulation in the last sentence of the same paragraph in order to be able to make an appellate review in the forfeiture cases listed among the decisions that can be appealed in the EBL and in the decisions to suspend the proceedings regarding the forfeiture cases. In the concrete case, the value of the appellant’s seized goods is below the said amount. It is decided to uphold the judgment.
(2004 S. Code Art. 363, 365, 366)
Case and Decision: Upon the request of the appellant to examine the above-dated and numbered Court decision on appeal within the due time, the file related to this matter has been sent to the Department from its neighborhood, and after the report prepared by the Examining Judge for the case file has been listened to and all documents in the file have been read and examined, the necessity of the matter has been discussed and considered:
In terms of both unforeclosure and appropriation claims of the parties; according to the provision of Article 363 of the Execution and Bankruptcy Law No. 2004 amended by Article 101 of the Law No. 4949; in order to appeal the decisions to be made by the execution courts after 30.07.2003, when the Law entered into force, the value of the case subject to appeal must exceed 2.000,00 TL.
Pursuant to the Additional Article 1 added to the EBL by Article 102 of the Law No. 4949; this monetary limit is applied by increasing the monetary limits applied in the previous year by the revaluation rate determined and announced by the Ministry of Finance every year in accordance with the repeated Article 298 of the Tax Procedure Law No. 213, effective from the beginning of each calendar year. The parts of the limits determined in this way that do not exceed Ten million TL (10,00 TL) are not taken into consideration.
When the calculation is made accordingly, the subject of the appeal must be over 5.440,00 TL in order to appeal the decisions to be rendered by the execution courts in 2014.
According to the special regulation in the last sentence of the same paragraph, the value of the property or right to which the decision of the execution court relates must exceed this amount in order to be able to make an appellate review in the appropriation cases listed among the decisions that can be appealed in subparagraph (7) of Article 363/1 of the EBL and in the decisions to suspend the proceedings regarding the appropriation cases.
In the concrete case, the value of the seized goods subject to appeal is below 5.440,00 TL.
In this case, since the judgment is final, the appeal petition should be rejected.
Conclusion For the above-mentioned reasons, the appeal petition should be rejected pursuant to Articles 363, 365/3 Annex 1 of the EBL, the parties may request for correction of the judgment within 10 days from the notification of the Supreme Court Chamber judgment pursuant to Article 366/3 of the EBL, and the prepaid appeal fee of 25.20 TL should be returned to the appellants separately, it was unanimously decided on 08.06.2016.
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