T.C. SUPREME COURT
8.law office
Base: 2016/9690
Decision: 2016/10437
Date of Decision: 14.06.2016
FORTIFICATION CASE – THE REQUIREMENT THAT THE VALUE OF THE PROPERTY OR RIGHT HELD BY THE DECISION OF THE EXECUTIVE COURT EXCEEDS THE ESTABLISHED AMOUNT IN ORDER FOR THE FOLLOW–UP OF FORTIFICATION CASES TO BE REVIEWED ON APPEAL IN TALIKI DECISIONS – REJECTION OF THE APPEAL PETITION
ABSTRACT: In order to conduct an appeal review in ration cases and follow-up taliki decisions related to ration cases, according to a special regulation, the rejection of the appeal petition was required, since the value of the property or right that the decision of the executive court had to exceed the established amount.
(2004 P. K. m. 363, 365, October m. 1) (213 p. K. m. 298)
Case and Decision: After the appellant requested the appellant’s examination within the time limit of the Court decision written above, the date and number of the case file was sent to the Department from the scene and the report prepared by the Examining Judge for the case file was heard and all the documents in the file were read and examined after the job was discussed and considered as necessary:
Article 101 of the Law No. 4949 of the Enforcement and Bankruptcy Code No. 2004. amended by article 363. according to the provision of the article; In order for decisions to be made by the executive courts after 30.07.2003, when the Law enters into force, to be appealed, the value of the case to be appealed must exceed 2,000.00 TL.
Article 102 of the Law No. 4949 on HRST. appendix 1, October 2012. in accordance with Article 298 of the Tax Procedure Code No. 213, this monetary limit is a duplicate of the monetary limits applied in the previous year, effective from the beginning of each calendar year. according to the article, it is applied by increasing the re-evaluation rate determined and announced by the Ministry of Finance every year. Portions of the limits set in this way that do not exceed Ten million TL (10.00 TL) are not taken into account.
Accordingly, when the calculation is made, the subject of the appeal must be over 6.310,00 TL in order to appeal the decisions to be made by the executive courts in 2016.
363/1 of the IIK. paragraph (7) ration decisions that can be appealed under considered to be among cases and legal actions to follow up on the decisions made in the appellate review Talik in the last sentence of the same paragraph before it can be given according to the special arrangement of enforcement of the decision of the court of the value of the goods or the right relation it is imperative that you go through this amount.
In the concrete case, the value of the victims subject to appeal is less than 6.310,00 TL.
In this case, the appeal petition must be rejected, since the provision is final.
Conclusion: October 1, 363, 365/3 of the IIK for the above reasons. in accordance with articles 366/3 of the IIK by the parties to the REJECTION of the appeal petition. in accordance with article 97.20, which is received in advance upon request, that a request for correction of the decision may be made within 10 days from the date of notification of the Supreme Court’s decision. the restitution of the appeal fee to the appellant was decided unanimously on 14.06.2016.
