As a rule, finalization is not necessary for the execution of a court decision. However, there are some exceptions to this rule. In these exceptional cases mentioned below, it is not possible to put the decision into execution without finalization. What is meant by the finalization of the decision is that it passed the Supreme Court audit or the decision was not appealed by the parties within the periods stipulated by the law. The decision correction path is open for some decisions, and if the decision correction path is open for the decision made by the court, unless the time for applying for a decision correction path has expired or if this path has been applied for, it will not be possible to mention that the decision has been finalized until the decision correction request is completed. After the decision, which was finalized both by going through the supreme court’s supervision and not resorting to the appeal method, on what date and in what way it was finalized, it is annotated by the pen manager, and this annotation is signed by the judge. This is called the ”final interpretation”. HMK 305 and 306. the way of reconciliation regulated in the article does not affect the finalization. In other words, even if the concession of a provision that has been finalized is requested due to the exhaustion of the appeal and (if it is open) decision correction methods, it is possible to execute the decision without waiting for the conclusion of the concession request. Add-ons such as trial expenses, compensation, and interest in premiums that cannot be executed without being finalized cannot also be executed without being finalized. In order to be followed up, a decision that needs to be finalized must be finalized on the date it is followed up. For an ad that has not been finalized on the follow-up date, even if it has been finalized later, it is possible to cancel the follow-up through a complaint. of course, this will not prevent the drug from being re-administered after the decision is final. The executive director should supervise whether the drug can be put into execution before it is finalized. If an addition that requires finalization in order to be executed is executed without finalization, an application may be filed with the executive court for the cancellation of the follow-up of the addition by means of an indefinite complaint. In order for it to be executed, it is necessary to finalize the additions that must be;
1-Regulations on the same real estate
2-Regulations on the law of family and persons,
3-Decisions issued on the enforcement of decisions of a foreign court or arbitrator,
4-Instructions given in cases of foul detection or investigation (repurchase),
5-Additions to the Court of Accounts,
6-The cost of the trial in the decision on the adoption of the ration case (If the case is rejected, it does not need to be finalized.)
7-Regardless of its flag and registration record, we can list it in the form of additions to all ships and the same rights related to them.
In practice, errors of interpretation are found in determining whether a decision is related to the same real estate or not. If the decision to be made as a result of the court will have such a result as a change in the right of ownership, there is no doubt that the case is related to the same real estate. Examples of this are title cancellation and registration cases, shufa (preliminary) cases. As for the intervention in semen cases, the situation varies depending on whether there is a property right claim or not. If the case is a semen case of interference filed due to the right of ownership, the finalization of the decision will be sought. However, if the defendant does not have any property claims, since there is no dispute about who owns the property, finalization will not be sought in semen cases of such interference. For example, if there are parts that the tenant occupies – uses extra contrary to the lease agreement, and intervention has been requested for these parts, no finalization will be sought for the execution of such decisions, since there is no dispute about the right to ownership. In a case requesting the removal of the annotation contained in the land registry, if the subject matter of the case is a property right, it will have to be finalized in order to request the execution of the provision, since the case will again be considered to be related to the same real estate. The provisions contained in the annexes october the annexes to the same real estate may not be executed until they are finalized. For example, in the case of title cancellation and registration, it is expected that the title cancellation part of the provision will be finalized and it is not possible to impose additional trial costs and power of attorney fees. Although the provision made with the lease determination cases is not related to the same real estate, according to the Supreme Court, it is one of the provisions that cannot be executed without being finalized. Family and persons law (MK m.8-494) the relevant provisions cannot be enforced without being finalized. To be understood here, correction of name, last name correction of age classification, Nez custody, paternity case, a correction in genealogy, divorce, family structure and in the nature of provisions related to such direct personal or Oct of person that creates a change in the legal status of the provisions of this sentence with a sentence in the nature of Oct. Legal entities are also considered within the concept of persons. Agreements on the delivery of a child and the establishment of a personal relationship with the child also cannot be executed until they are finalized. Since the provision of the intellectual and industrial rights (civil) court aimed at preventing unfair interference with the design of registration through product similarity is an infringement of the registered right to a person’s law, such decisions cannot be executed until they are finalized. In order to collect the material and moral compensation provided with the divorce, the section of the divorce related to the divorce that is the subject of follow-up must be finalized. Compensation and interest rates that are add-ons cannot be requested before this part of the application is finalized. But in alimony the situation is somewhat different. The fact is that in the alimony measure, an appeal against a provision on the granting of alimony does not stop the execution of the drug. Even when receiving alimony, it is not possible to stop the execution of the drug (Transfer-i execution), even in exchange for collateral. However, according to the Supreme Court, finalization is sought for enforcement proceedings for poverty and subsidiary alimony, as well as for material and non-pecuniary compensation. Although it can be discussed the issue of alimony, support, affiliate, joint for the child while it is in the nature of contributions paid and the decision is under appeal, the Joint child / children in their custody will be on the left side, since the left side to him custody to alimony from your affiliate, you will need to the livelihood of small, will be denied until the decision is final ” means that in our opinion, does not comply with this much equity. As is known, the alimony provided for by the court for the spouse while the trial is ongoing is a precautionary alimony, not a poverty alimony, and it will be contrary to the spirit of the measure to seek finalization so that this alimony ordered by your measure can be requested. However, the alimony provided for for the period after the divorce and decided to be paid to the spouse is no longer a measure, but a poverty alimony, which cannot be executed until this provision is finalized, nor can the court decision to abolish this alimony be executed until it is finalized in the same way. If it is decided to terminate the alimony in the divorce decree, since it cannot be executed until the divorce provision is finalized, the part about the termination of the alimony will also not be executed until the decree is finalized, that is, alimony will have to be paid until the divorce decree is finalized. Although it is included in family law, cases related to contributions are eda-related claims that are not october of the divorce decree and are independent of it. For this reason, it is not necessary to finalize the decisions related to the receipt of contributions in order to be put into execution. Likewise, the price of the trappings stipulated in the divorce decision is one of the premiums that can be followed up without being finalized because it is not an october of the divorce decision and is an independent case from the divorce case.
