T.C
SUPREME COURT 12. Law Department
Base No:2018/3154
Decision No :2018/7106
Date of Decision : 02.07.2018
THE DECISION OF THE SUPREME COURT
COURT: Executive Civil Court
The creditor of the appellant’s examination within the time limit of the court decision, the date and number of which are written above
upon request by the department, the file related to this work has been sent from the scene to the apartment and the case file
after listening to the report prepared by the Examining Judge … and all the documents in the file
after reading and studying, the need for the work was discussed and considered:
The debtor’s deputy has applied to the enforcement court; in addition to other objections, ilamlımlı enforcement against his client
that the prosecution has been initiated, that the decision to be prosecuted has not been finalized, because it is aimed at the law of the person
claiming that the issue of follow-up cannot be made without finalization, we request that the cancellation of the follow-up be decided
the provisions concerning the law of the deceased, the court, the family and the person cannot be executed without finalization,
According to the decision of the Civil Court on Intellectual and Industrial Rights, the plaintiff-legal entity has the right to
it cannot be executed until it is certain that it is related to compensation for unauthorized use
it was seen that the request was accepted on the grounds and the decision was made to cancel the follow-up.
Provisional Article 3 of the Code of Civil Procedure No. 6100. the article should be applied by sending
443/1 of the HUMK. according to the article, the appeal does not stop the execution of the decision. So, as a rule, your decision
the fact that it has not been finalized does not prevent the fulfillment of the decision. Exceptions to this rule are also in the law
it is arranged.
Ilams on the law of the family and the person (HUMK.443/4 m.) it cannot be executed without finalization. Mentioned
the provisions set out in the article are contained in the books “The Law of Persons” and “Family Law” of the Civil Code
there are not all provisions related to the issues, but there are legal ones related to the direct personal or family structure of a person
the ilams that create changes in the case of and the provisions of these ilams in the nature of feri (for example
first name, last name, age correction, custody order, paternity case, birth correction, divorce and its fer
as for the provisions of the nature…). Again, instructions on the delivery of a child and the establishment of a personal relationship with the child
da cannot be executed unless it is finalized (Baki Kuru-Enforcement and Bankruptcy Law Handbook, pages 923-924).
3. Istanbul, which is the basis of enforcement proceedings in a concrete case. Intellectual and Industrial Rights Law Court
2012/110 e., 2015/16 K., dated 03.02.2015, for unauthorized use of images of an artifact
article 68 of the Law No. 5846. that he will receive the requested copyright compensation in accordance with the article
related. Although Ilam is related to the law of the person, in the legal situations related to the person of the parties
in order not to have a result that creates a change, but only affects the asset, so that it can be monitored
it doesn’t have to be final.
In that case, the court should decide on the rejection of this complaint and other reasons contained in the complaint petition according to the result that will be formed by examining it, while it is incorrect to decide on the cancellation of the follow-up with a written justification.
CONCLUSION: The court decision on the acceptance of the creditor’s appeals for reasons set out above
366 of the IIK and 428 of the HUMK. in accordance with the articles (ON DETERIORATION), the request of the fee received in advance
in case of refund, within 10 days from the notification of the decision, the decision correction path will be open,
it was decided unanimously on 02.07.2018.
