Execution and non-execution of injunction
In the doctrine, there have been discussions about the nature of the precautionary lien for a long time. Indeed, the General Law
In the decision of the Board of Directors No. 2008/12-25 dated 23.1.2008 and Decision No. 2008/3;
“For this reason, the precautionary attachment is not an enforcement proceedings, but helps the actual enforcement proceedings,
an institution that provides assurance and a protective nature, and is suitable for transforming itself into enforcement proceedings,
It is a kind of precautionary procedure applied before the execution proceeding or the lawsuit to be filed. lien
The issue that there is no enforcement proceedings, the Supreme Court of Appeals General Assembly’s “Precautionary attachment İİK. Article 289
16.02.2000 and 2000/12-49 Principles and 2000/94
Decision No.; again, “the lien that cuts the statute of limitations in article 662 of the Turkish Commercial Code”
Regarding the absence of the quality of the follow-up request, which is listed among the reasons”, 22.06.1968 and 1967/805
The basis was also clearly stated in the decisions numbered 1968/475.”
It is stated that the precautionary attachment is not an enforcement proceeding. For this reason, in the decision numbered 2279
In addition to the party follow-up procedures, it is clearly stated that the precautionary lien proceedings are suspended. also
We would like to point out that in this process, a provisional attachment decision can be requested and a provisional attachment decision can be made.
However, the execution of the precautionary attachment decision is not possible.
- Exceptions to Decision No. 2279
Execution proceedings regarding alimony receivables are exempted from the suspended proceedings and transactions in the Decision. It
For this reason, all kinds of transactions regarding alimony receivables can be continued. Indeed, the stay of execution
Considering the purpose of the decision, the exemption of alimony proceedings coincides with this decision.
we are of the opinion.
