executive order 11246
What is an execution warrant?
The enforcement office, which takes the follow-up request (and the Ilam), arranges an execution order and sends it to the debtor (m.24, 25, 25 / a, 26, 30, 31, 31 / a, 32).
The executive director, who receives the request for follow-up, is obliged to examine (automatically) whether or not the certificate given by the creditor is a document in the form of an ilam or ilam. If the document given by the creditor is not a document or a certificate, the executive director cannot send an execution order to the debtor; If an execution order is sent, the debtor may apply for an indefinite complaint for the cancellation of the execution order, executive order 11246
If the certificate given by the creditor to the enforcement office is a document or a certificate, the executive director is obliged to arrange an execution order and send it to the debtor in accordance with the follow-up request and action.
At the execution order, the name, surname and address of the creditor (if any) and the name, surname and address of the debtor (and his / her deputy), the name of the court that issued the name and the name of the court, and the date and number of the declaration must be written (m.24, II). )
If the debtor has to pay or deliver the written debt within a certain period (usually seven days) by execution order, the debtor is warned that the action will be executed by the enforcement office.
The execution order is similar to the payment order in the general way of foreclosure. The most important difference between the order of execution and the order of payment (in the general way of foreclosure) is that the debtor cannot stop the execution proceedings against him with an objection to appeal to the enforcement office against the execution order. That is, the institution of objection to the payment order in the general way of confiscation is not available in the execution. The borrower who receives the execution order can only ask the execution court to leave the execution back on the basis of some reasons
As stated above, the order of execution should be arranged in accordance with the follow-up request and the execution (or document of the ilam); Parables:
Ir The execution office is in charge of execution of the judgment part of the proceedings. The executive court also cannot conclude by commenting on a matter which is not included in the judgment İ.
/ As emphasized in the decision of the General Assembly of Law dated 08.10.1997 and 1997 / 12-517 E. – 1997/776 K., the part of the proceedings to be executed is the provision section. In other words, the content of the provision is obligatory. For this reason, the execution of the execution of the court by the limited enforcement court cannot be determined through interpretation O “. executive order 11246
F Compliance with the Ilam, the part to be applied, the jurisdiction. The executive court is responsible for supervising the implementation of the jurisdiction of the jurisdiction, and it is not possible to change the non-written issues by adding additional evaluations through interpretation to the non-written articles. As stated in the decision numbered 8.10.1997, 1997 / 12-517 Principal and 1997/776 of the HGK, the execution part of the proceedings is the provision section. In other words, the content of the provision is obligatory. The competent court of competent jurisdiction shall not have the power to determine the part of the execution to be executed by interpretation Mah.
The provision of MPV m.24, lV is an exception to the above rule.
In the event that the execution order is contrary to the follow-up request and non-compliance, the complaint for the annulment of the execution order is not subject to the period (complaint indefinitely).
The execution order can be communicated to the debtor, and the debtor (the defendant) can be notified to the deputy who has followed the case (name of the defendant) (HMK m.73 / 1). However, the Supreme Court of Appeals is of the opinion that the execution order is obliged to be notified to the deputy who has followed the case, that the execution order is not communicated only to the debtor (even if the debtor has given the execution order to his deputy) (the annulment procedure of the execution order must be decided). We believe that the opinion of the Court of Cassation is unlawful, that is, the execution order can be communicated to the debtor himself or his deputy.
The execution order may also be notified to the debtor himself. In fact, due to the obligation of the debtor to declare the property, the execution order must be notified to the debtor.
As stated above, with the execution order, the debtor’s debt to pay a certain period of time (usually seven days) within the payment or delivery, if it does not comply with the enforcement of the enforcement by the enforcement office will be executed (execution) is warned by the debtor.
If the debtor does not fulfill his debt within the written period in the execution order and the appeal court (m.33, m.33 / a), in case of appeal of the judgment from the Court of Cassation (HUMK m.443; İİK m.36), the extradition of the proceedings in the case of extradition of the proceedings If the court (HMK m.381), which is facing the case of the court, does not make a decision on the annulment of the execution, the administrative provision is enforced by the enforcement office. For example, for the money debt written in the debt of the debtor’s property is confiscated, the movable property written in the debt is handed over to the creditor is handed over to the creditor or the debtor ilam written by the real estate (for example from home) forced out, the real estate by the enforcement office is delivered to the creditor.
At the end of the execution of the Ilam, the borrower, if desired, has been fully or partially executed