Abstract: since the debtor’s payment is a payment after follow-up and is a partial payment, the balance will be taken into account in the debt account of the Executive Directorate by deducting the interest, executive power of attorney fee and follow-up costs that were first processed in accordance with TBK 100. Since there is no pre-follow-up payment, there is no need to correct the executive order in terms of this amount. Although the court had to reject the appeal on the stated grounds, the rejection on the written grounds was not correct, the correct decision had to be upheld as a result, since the claim was also rejected.
T.C. Supreme Court 12. Legal Department E: 2018/7611 K: 2018/12418 K.T.: 28.11.2018
Court :Executive Law Court
After the appeal examination is requested by the debtor within the period of the court decision written on the date and number above, the file related to this work was sent to the apartment from the scene and the report organized by the examination Judge for the case file … after hearing and reading and examining all the documents in the file, the work was discussed and considered :
Debtor’s attorney, client against the administration … 1. In accordance with the Administrative Court’s Decision No. 2014/612, the execution of the declaration has been initiated, 28 of the Code of Administrative Procedure. according to Article 33 of iik due to redemption, stating that the debt subject to follow-up was paid on 24/09/2014 upon the application made by the creditor’s proxy. in accordance with article 28/1-2 of the code on administrative proceedings No. 2577. as a result of the application made by the creditor’s attorney in accordance with Article 33 of the debtor’s iik, there is no irregularities in the initiation of enforcement proceedings due to the fact that the administration has not paid within the period. after the court has opened a hearing on the payment appeal based on the article and provided the presentation of evidence by taking the party’s statements, it is understood that the decision was made to overturn the provision on the grounds that it should be decided according to the result that will occur, the court has decided to reject the appeal in accordance with the violation notice, the decision was appealed by the debtor.
No. 6098 T.B.K’s 100. (Former No. 818 BK 84.) article;” if the borrower is not overdue in interest or expenses, he / she has the right to deduct the payment he / she has made in part from the main debt ” provision is included in the provision.
In a concrete case; … 1. Dated 30/06/2014 by the decision of the court, the debtor, to the detriment of the administration dominated pecuniary and non-pecuniary damages, costs and attorneys fees for collection of ilamli on 23.09.2014 followed where is initiated, the borrower correspondence of the result of the institution’s own internal order document is dated 24.09.2014 the payment of accounts prepared by the General Directorate of the executive order on 09.10.2014 upon notification by the party, the creditor, on 01.10.2014 external payment are declared, and I, 08.10.2014 in the history of the receivable balance observed that the removal requested from the Directorate for enforcement of the MoU.
In this case, the debtor’s payment is the payment after the follow-up, and since it is a partial payment, the Tbk is 100. according to the article, first of all, the processed interest, executive power of attorney fee and follow-up costs will be taken into account in the balance debt account by the Executive Directorate. Since there is no pre-follow-up payment, there is no need to correct the executive order in terms of this amount. Although the court had to reject the appeal on the stated grounds, the rejection on the written grounds was not correct, the correct decision had to be upheld as a result, since the claim was also rejected.
Conclusion: 366 of iik for the reasons written above of the court’s decision to correct the result with the rejection of the debtor’s appeals. and Humk’s 438. in accordance with the articles of approval, there is no place to receive tuition, the decision within 10 days from the notification of the announcement to be clear in the way of Correction, 28/11/2018 day was decided unanimously.
