T.C.
Supreme
- law office
Main Number: 2011/3369
Decision No:2011/19386
K. Date:17.10.2011
Within the period of the court decision with the date and number written above, the appellate examination was requested by the debtor, and the file related to this work was sent to the apartment from the scene, but it was read and discussed and considered as necessary :
By the creditor Gaziosmanpasa 2. 09.03.2010 2007/1262 of the family court date and is based on when you started enforcement proceedings based on decision 2010/252 numbered ilamli through divorce, ref under the provision in the individual receivables 300,00 TL per month with poverty, a subsidiary 250.00 GBP is desired, where the collection of alimony, the court on application to the enforcement debtor, receivables, while the divorce to be finalized, it cannot be put in execution, it also has the divorce to be finalized, while participation of poverty and it is seen that for reasons that may not be required alimony prompted to cancel.
In the decision on the basis of follow-up, it was understood that TL 150 of the monthly precautionary alimony in favor of the joint child and the plaintiff noble was ordered to continue until the decision was finalized, TL 300.00 poverty and TL 250.00 participation alimony following the finalization of the provision.
In this case, only a monthly alimony of TL 300.00 may be requested until the finalization of the divorce provision in accordance with the verdict.
HUMK’s 443/4. in accordance with the article, the provisions related to family and personal law cannot be subject to prosecution unless they are finalized. In addition, the provisions for compensation, power of attorney fees and trial expenses, which are additional to the divorce decision, are also subject to the same rule. However, if the divorce decision is finalized, it is not necessary for the requests for compensation, power of attorney fee and trial expenses to be finalized by taking into consideration their qualifications in order to be followed up (HGK. 28.2.2001 date 2001/12-206E. 2001/217 K. ).
HUMK’s 443/3. according to the article; Although the decision does not need to be finalized in terms of precautionary alimony, the divorce provision must be finalized in order for poverty and subsidiary alimony to be claimed.Affiliate items through divorce with poverty and other receivables under the provision following the terms of my divorce being finalized in terms of support is the basis kesinlesip ref, is final only after the date has been determined by the relevant court kesinlesme questions should make a decision based on the result that will occur when the facility is based on an incomplete review isabetsiz provision in writing.
CONCLUSION : With the acceptance of the debtor’s appeal objections, the court’s decision was based on the reasons written above in SEC 366 and HUMK 428. in accordance with its articles (its DETERIORATION), it was unanimously decided on 17/10/2011.
