Decisions That Cannot Be Executed Before Finalization
Decisions that cannot be executed before finalization
Immovable property and related real rights,
Decrees on family and personal law (Code of Civil Procedure 443/4-)
The parts of the criminal judgments regarding compensation and trial expenses, (Article 4 of the Law on the Execution of Criminal and Security Measures No. 5275),Decisions that cannot be executed before finalization
Rent determination decrees (Decision of Unification of Jurisprudence dated 12.11.1979 and numbered 1979/1-3),
Decrees related to the negative declaration case (Article 72 of the EBL) Decisions that cannot be executed before finalization
Decisions on the enforcement of foreign court judgments (Article 41/2), Decisions that cannot be enforced before finalization
Court of Accounts Decisions (Article 64 of the Court of Accounts Law No. 832),
Decisions given in cases related to attachment or precautionary attachment applications filed against the administration (İYUK No. 2577 28/1,) Decisions that cannot be enforced before finalization
Since they are related to the determination of ownership, the judgments on the acceptance of the claim for appropriation cannot be executed before they become final. For the execution of the decisions regarding the dismissal of the forfeiture lawsuit, the condition of finalization is not required.
Again, as stated in the decision of the HCJK dated 05.10.2005 and numbered 12-534 2005/554, the part of the judgment regarding the trial expenses (attorney fee) is a whole with the part regarding the acceptance or rejection of the case. The finalization and execution of these items depend on the finalization of the judgment as a whole. Therefore, the part of the judgment regarding judicial expenses and attorney’s fees cannot be subject to enforcement proceedings until the part of the judgment on the merits of the judgment is finalized.
– For the collection of the pecuniary and non-pecuniary damages awarded with the divorce, the part of the judgment regarding the divorce must be finalized.
THE FINALIZATION OF THE DIVORCE DECREE IS MANDATORY FOR POVERTY AND ALIMONY TO BE CLAIMED.
The judgment of the Court of Intellectual and Industrial Rights for the prevention of unfair interference with the registered design through product similarity is in the nature of infringement of the registered right related to personal law within the scope of Article 443/4 of the HUMK and such judgments cannot be executed before finalization.
Since the judgments regarding the prevention of unfair competition belong to the personal law, they cannot be subject to enforcement proceedings before they are finalized.
There are many special regulations regarding the prevention of unfair competition. Unauthorized copying of the work in the Law on Intellectual and Artistic Works and Industrial Rights, Law on the Protection of Trademarks…. such as the detection, prohibition and refusal of trademark infringement.
IF THE JUDGMENT IS RELATED TO THE CONTRIBUTION SHARE OF THE REAL ESTATE ACQUIRED WITHIN THE MARRIAGE UNION AND THE PLAINTIFF REQUESTS THE REGISTRATION (IF NOT, THE PRICE) OF HIS/HER SHARE OF THE REAL ESTATE IN HIS/HER NAME, THE JUDGMENT IS RELATED TO THE REAL ESTATE AND IT MUST BE FINALIZED.
The decree for the elimination of the partnership is related to the real property and must be finalized.
The sections of the judgment obtained at the end of the negative declaration lawsuit filed by the debtor to prove that he is not a debtor are a whole with the sections regarding the acceptance or rejection of the lawsuit. The finalization and execution of these items depend on the finalization of the judgment as a whole.
The judgment of determination of non-debtor is one of the judgments that must be finalized.
– Since the immovable is disputed in the case of cancellation and registration of the title deed based on the right of pre-emption, the judgment subject to the proceedings must be finalized in order to be put into execution.
Even if the same of the immovable property is not disputed in the Prevention of Seizure and Stay case, as per the established opinion of the Civil Chamber, since there is a possibility of irreparable damage with the stay, the judgments regarding the stay must also be finalized for enforcement.
In judgments that must be finalized in order to be enforceable, the accessories of the judgment (judicial expenses and attorney fees…) cannot be enforced until the judgment is finalized.
Family and personal law (e.g. name, surname, age correction, termination of custody, paternity lawsuit, genealogical correction, divorce and its ancillary judgments…) cannot be executed before finalization.
A decree of parental authority to the mother includes the delivery of the child. such decrees cannot be enforced until they are finalized.
Decrees concerning the organs of legal entities cannot be enforced before they are finalized