T.R. SUPREME COURT
- Law Office
Basis: 2014/21867
Decision: 2016/10043
Decision Date: 08.06.2016
ACTION FOR RECORDS – WHERE THE VALUE OF THE GOOD OR RIGHT REFERRED TO THE DECISION OF THE EXECUTIVE COURT IS ESSENTIAL TO EXCEED THE IDENTIFIED AMOUNT – APPROVAL OF THE PROVISION
ABSTRACT: According to the special regulation in the last sentence of the same paragraph, the value of the property or the right to which the execution court decision is related must exceed the specified amount in order to be able to make an appeal review in the remuneration cases, which are among the decisions that can be appealed in the EBL. In the concrete case, the value of the objections subject to the appeal is less than the amount in question. It was decided to uphold the provision.
(2004 S. K. Art. 363, 365, 366)
Case and Decision: Upon the request of the appellant, upon the request of the appellant, within the timeframe of the Court decision with the date and number written above, the file regarding this matter was sent to the Chamber from the place of the case. discussed and considered:
In terms of both non-seizure and remuneration claims of the parties; According to the provision of Article 363 of the Execution and Bankruptcy Law No. 2004, amended by Article 101 of the Law No. 4949; In order to appeal the decisions to be taken by the enforcement courts after the date of 30.07.2003, when the law entered into force, the value of the case subject to appeal must exceed 2,000,00 TL.
Pursuant to the Additional Article 1 added to the EBL with Article 102 of the Law No. 4949; This monetary limit is applied by increasing the monetary limits applied in the previous year at the rate of re-evaluation determined and announced by the Ministry of Finance every year in accordance with the repetitive article 298 of the Tax Procedure Law No. 213, effective from the beginning of each calendar year. The parts of the limits determined in this way that do not exceed ten million TL (10.00 TL) are not taken into account.
According to this, when the calculation is made, the subject of the appeal must be over 5,440,00 TL in order to appeal the decisions to be made by the enforcement courts in 2014.
363/1 of the İİK. According to the special regulation in the last sentence of the same paragraph, the value of the property or right to which the decision of the enforcement court is related must exceed this amount, in order to conduct an appeal review in the remuneration cases, which are among the decisions that can be appealed in subparagraph (7) of the article.
In the concrete case, the value of the objections subject to appeal is less than 5,440,00 TL.
In this case, since the provision is final, the appeal petition must be rejected.
Conclusion: For the above reasons, the appeal petition was rejected in accordance with the 1st article of the 363, 365/3 Annex of the EBL, the parties’ decision of the 366/3 of the EBL. In accordance with the article of the Court of Cassation, a request for correction of the decision can be made within 10 days from the notification of the decision of the Court of Cassation. It was unanimously decided on 08.06.2016 that the appeal fee be refunded to the appellants separately.
