What Is Tehiri Enforcement (Stay Of Execution)?
What is Tehiri Enforcement (Stay of Execution)?
Stay of execution, also known as deferral of execution, is a very important legal remedy that the debtor may apply in enforcement proceedings with judgment initiated against the debtor. With the conclusion of the deferred enforcement proceedings initiated by the debtor in favor of the debtor, the enforcement proceedings initiated by the creditor stop.
The debtor who sees that he has lost the case may have paid the debt to the creditor with his consent. In this case, it is normal that the creditor no longer enforces the judgment. However, if the creditor executes the judgment even though he has received his receivable, in order to protect the debtor against such malicious creditors, the debtor has the right to request a stay of execution from the enforcement court. An application for stay of execution can be made to the enforcement court not only in case of payment, but also in cases where the debt has been postponed or is time-barred.
Request for Stay of Execution
The appeal of a judgment does not automatically stay the execution of the judgment. The debtor who wants to stop the execution will appeal the file with a request for deferred execution and fulfill the relevant procedures. Otherwise, even if the file is sent to appeal, the creditor may proceed with foreclosure during the enforcement proceedings. Enforcement proceedings will be suspended until the case file for which a stay of execution has been granted is returned from the Court of Cassation or the Court of Appeal. In practice, this situation is called stay of execution.
The technical name of the institution subject to examination here is “Suspension of Execution” as stated in Article 33 of the EBL.
Article 33 – Suspension of Execution
Upon notification of the execution order, the debtor may apply to the execution court with a petition within seven days and object that the debt has expired or has been extinguished or redeemed. Execution shall be suspended if the allegation of redemption or extinguishment is confirmed by a deed made ex officio by the competent authorities or duly certified or affirmed at the execution office or before the execution court or before the court.
Requests for suspension based on redemption, extinguishment or statute of limitations accrued in the period after the notification of the execution order may be made at any time. Requests based on redemption or extinguishment must be based on the documents made or certified by the notary public ex officio or on the execution record.
If the execution court rejects the request for suspension of execution, the debtor may only appeal or appeal within the period of appeal or appeal, provided that he/she shows cash to cover the receivable or a movable pledge or movable pledge or pledge of securities or bonds or immovable property to be accepted by the execution court or a valid bank surety. If the debtor’s sufficient property is seized or if the debtor’s sufficient property is seized within the period of appeal or appeal upon the debtor’s request, it is not necessary to show the collateral written in this paragraph.
The debtor, who is obliged to pay money that he does not owe, reserves the right to demand the return of the money by filing a reclamation action pursuant to Article 72.”
