{"id":3095,"date":"2020-05-18T23:57:41","date_gmt":"2020-05-18T20:57:41","guid":{"rendered":"https:\/\/alanya.law\/ru\/?p=3095"},"modified":"2020-05-18T23:57:46","modified_gmt":"2020-05-18T20:57:46","slug":"execution-before-finalization-of-the-non-pecuniary-compensation-decision-for-the-cause-of-death","status":"publish","type":"post","link":"https:\/\/alanya.law\/ru\/blog\/alanya-lawyer-execution-before-finalization-of-the-non-pecuniary-compensation-decision-for-the-cause-of-death\/","title":{"rendered":"Execution Before Finalization Of The Non-pecuniary Compensation Decision For The Cause Of Death"},"content":{"rendered":"\n
\n <\/div>\n\n\n\n

T.C. SUPREME<\/p>\n\n\n\n

  1. Legal Department Principal No: 2018\/2790
    Decision No: 2018\/5318
    Decision Date: 28.05.2018<\/li><\/ol>\n\n\n\n

    THE DECISION OF THE SUPREME COURT
    Court:Executive Law Court
    The creditor of the appellant examination within the period of the court decision, whose date and number are written above
    the case file was sent to the apartment from the file site upon request by
    for all documents in the file after the report issued by the audit judge \u2026 has been heard and
    after being read and examined, the necessity of the work was discussed and considered :
    Debtor’s attorney, execution proceedings against his client has been initiated, the issue of follow-up has not been finalized,
    non-pecuniary compensation is directed to the law of the persons to follow without certainty
    the court, the family, has requested that a decision be made to cancel the follow-up by claiming that the subject cannot be made.
    the request is accepted on the grounds that the rulings relating to the person’s law cannot be executed without finalization.
    it was decided to cancel the follow-up.
    Provisional 3 of Law No. 6100 on Civil Procedure. should be applied by sending the article
    Humk’s 443\/1. in accordance with the article, the appeal does not stop the execution of the decision. So as a rule, the decision
    the fact that it has not been finalized does not prevent the decision from being carried out. Exceptions to this rule are also in the laws
    arranged.
    Proclamations concerning the law of the family and the person (HUMK.443\/4 m.) can not be executed without certainty. Cited
    the provisions mentioned in the article are included in the \u201cPersons Law\u201d and \u201cfamily law\u201d books of the Civil Code.
    not all provisions related to the subject matter, but the person’s direct personal or family structure related to the legal
    it is the injunctions that make changes in the situation and the provisions of these pronouncements (e.g.
    first name,last name, age revision, Nez of custody, paternity case, nesep revision, divorce and its fer
    such as provisions of nature\u2026). Again, the child delivery and personal relationship with the child related notices
    da cannot be exercised unless it is finalized \u2026 Handbook of enforcement and Bankruptcy Law, pages 923-924).
    In the concrete case, which is the basis of enforcement proceedings .. 2. 2014-2011 Basis Of The Court Of First Instance,
    Decision No. 2014\/1333 and decree dated 17\/12\/2014 Turkish No. 6098 for the cause of death and bodily harm
    56 Of The Code Of Obligations. it is related to the non-pecuniary compensation which is ruled in accordance with the article, above
    since it is not included in the list, it does not need to be finalized in order to be able to be followed.
    In that case, the court should decide whether the complaint should be dismissed, but the complaint should be accepted on Written grounds
    with the cancellation of the follow-up is not accurate.
    Conclusion: acceptance of the appeal appeals of the creditor and the decision of the court for reasons written above
    Iik’s 366 and Humk’s 428. in accordance with the articles (deterioration), the request for the mortar received in advance
    his extradition was decided unanimously on 28\/05\/2018, with the way to correct the decision within 10 days of the notification of the decree.<\/p>","protected":false},"excerpt":{"rendered":"

    T.C. SUPREME Legal Department Principal No: 2018\/2790Decision No: 2018\/5318Decision Date: 28.05.2018 THE DECISION OF THE SUPREME COURTCourt:Executive Law CourtThe creditor of the appellant examination within the period of the court decision, whose date and number are written abovethe case file was sent to the apartment from the file site upon request byfor all documents in […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15],"tags":[16,2921,2923,22,17],"yst_prominent_words":[909,3188,1037,6008,85,2245,1183,725,900,1783,1393,1615,70,112,3584,1953,6009,1377,286,2027],"class_list":["post-3095","post","type-post","status-publish","format-standard","hentry","category-alanya-lawyer","tag-alanya","tag-antalya","tag-execution","tag-law","tag-lawyer","has-post-title","has-post-date","has-post-category","has-post-tag","has-post-comment","has-post-author",""],"builder_content":"","_links":{"self":[{"href":"https:\/\/alanya.law\/ru\/wp-json\/wp\/v2\/posts\/3095","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/alanya.law\/ru\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/alanya.law\/ru\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/alanya.law\/ru\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/alanya.law\/ru\/wp-json\/wp\/v2\/comments?post=3095"}],"version-history":[{"count":0,"href":"https:\/\/alanya.law\/ru\/wp-json\/wp\/v2\/posts\/3095\/revisions"}],"wp:attachment":[{"href":"https:\/\/alanya.law\/ru\/wp-json\/wp\/v2\/media?parent=3095"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/alanya.law\/ru\/wp-json\/wp\/v2\/categories?post=3095"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/alanya.law\/ru\/wp-json\/wp\/v2\/tags?post=3095"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/alanya.law\/ru\/wp-json\/wp\/v2\/yst_prominent_words?post=3095"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}