Parties with conflicting rights and interests demand immediate enforcement of the court decision. However, this is not always possible in all circumstances. Enforcement of court decisions is ensured through enforcement. As a rule in Turkish law, when a decision is made by the court, the enforcement of this decision can be requested immediately. With a court decision, you can...
The provisional attachment decision is a type of temporary legal protection aimed at ensuring that the creditor regains the receivables. When a provisional attachment decision is made, the debtor’s property is temporarily confiscated. The court may decide on the provisional attachment upon the request of the creditor. The court may listen to the debtor party...
It is important that when filing a lawsuit on an issue, it is clear what is requested in the case and that every incident and evidence that serves to prove the rightness of that issue is presented to the court. Because the judge in civil courts cannot investigate and take into account events or evidence...
In a state of law, individuals have to apply to the courts and seek their rights through remedy in order to protect or have their rights. There is always the possibility that the right in question, which is tried to be protected or obtained by filing a lawsuit, is lost, transferred, damaged, disposed of, or...
The creditor who wants to collect her/his receivables from the debtor must initiate an enforcement proceeding and have the debtor’s goods seized and sold. However, the debtor may have tried to dispose of the movable and immovable properties in her/his possessions, as she/he foresees that the creditor will have the property seized. Although the debtor’s...
The payment order sent to the debtor in the execution proceeding may be finalized because the debtor has not objected or the objection made by the debtor has been withdrawn or cancelled. If the payment order is finalized, the next stage in the execution proceedings is the seizure. At the request of the creditor, the...
A quittance of debt case is a type of lawsuit filed by a debtor during enforcement proceedings to prove that she/he is not a debtor. Just like in the negative declaratory action, in this case, the debtor aims to prove that she/he is not a debtor. In fact, the context of this case does not...
There are two types of judicial procedures in civil proceedings; written trial procedure and simple trial procedure. The simple procedure of trial is applied exceptionally in our law only in certain courts or in certain cases. Cases and works that are not explicitly stated in the law to be subject to a simple trial procedure...
Replevin cases are the lawsuits filed for the continuation of the seizure by proving that the property belongs to the debtor, or for the rescue of the seized property, even though it does not belong to the debtor. It varies according to who filed the lawsuit and for what purpose the property is in the...
The person who is faced with the risk of seizure and sale of her/his goods, although she/he is not in debt, pays the money subject to the executive proceeding in order to eliminate this risk. There are different options for the person who wants to get back the money paid unfairly. In our article named...