As a rule, a court decision does not need to become final for it to be enforced. However, there are some exceptions to this rule. In the exceptional circumstances listed below, it is not possible to enforce a decision before it becomes final. For a decision to become final, it must have been reviewed by the Court of Cassation or the parties must not have appealed it within the time limits specified by law.
For some decisions, the path to rectification is open, and if the path to rectification is open for the decision rendered by the court, and the period for applying for rectification has not expired or this path has not been applied to, it will not be possible to say that the decision has become final until the request for rectification is completed. The date and manner in which a decision that has become final after review by the Court of Cassation and without appeal is finalized is noted by the clerk and signed by the judge. This is called a “final interpretation.” The settlement procedure regulated in Articles 305 and 306 of the Code of Civil Procedure does not affect finality.
In other words, even if the rejection of a final judgment is requested due to the exhaustion of the appeal and (if open) decision correction procedures, the enforcement of the decision is possible without waiting for the outcome of the rejection request. Additional costs such as litigation expenses, compensation, and premium interest, which cannot be enforced without finality, cannot be enforced without finality either. A decision that must be final to be enforceable must be final on the date it is enforced. For a judgment that is not final on the date of enforcement, even if it becomes final later, it is possible to cancel the enforcement through a complaint.
Of course, this will not prevent the execution of the attachment after the decision becomes final. The enforcement director must verify whether the execution of the attachment can continue before it becomes final. If an attachment that requires finalization is executed before it becomes final, an appeal may be filed with the enforcement court through an unlimited complaint to cancel the attachment. The additions that need to be made must be finalized;
1-Regulations related to the same real estate
2-Regulations related to family and personal law,
3-Decisions given regarding the enforcement of foreign court or arbitrator decisions,
4-Instructions given in cases of foul detection or investigation (recovery),
5-Additions made to the Court of Accounts,
6-Court costs in the decision accepting the alimony case (does not need to be finalized if the case is dismissed).
7-Regardless of their flag and registry, we can list all ships as additions and with the same rights related to them.
In practice, interpretation errors are encountered in determining whether a decision relates to the same immovable property. If the decision to be rendered by the court will result in a change in ownership rights, there is no doubt that the case relates to the same immovable property. Examples include title cancellation and registration cases, and preemption (previously filed) cases. In semen cases, however, the situation varies depending on whether there is a claim to property rights. If the case is a semen intervention case filed due to property rights, the decision must be final.
However, if the defendant does not claim ownership, and there is no dispute as to who owns the immovable property, finality is not required in actions for intervention in ownership. For example, if the tenant has occupied sections in violation of the lease agreement—using them excessively—and intervention has been requested for these sections, since there is no dispute regarding ownership rights, finality is not required for the enforcement of these decisions.
In a lawsuit seeking the removal of annotations in the land registry, if the subject matter of the lawsuit is the right of ownership, the judgment must be final in order to request its enforcement, as the lawsuit will again be considered to relate to the same immovable property.
Provisions in appendices relating to the same immovable property cannot be enforced without finality. For example, in land registry cancellation and registration lawsuits, the land registry cancellation part of the judgment must be final, and it is not possible to impose court costs and attorney’s fees. Although the judgment rendered in rent determination cases does not relate to the same immovable property, according to the Court of Cassation, it is one of the judgments that cannot be enforced until it becomes final.
The relevant provisions of Family and Personal Law (MK m.8-494) cannot be enforced until they become final. As can be understood here, judgments concerning name correction, surname correction, age classification correction, custody correction, paternity suits, family tree correction, divorce, family structure correction, and other judgments of a nature directly related to personal or legal personality that create a change in the legal status of the provisions of this sentence are enforced by a sentence of a judgmental nature.
Legal entities are also considered within the scope of the concept of a person. Contracts relating to the handover of a child and the establishment of a personal relationship with the child cannot be enforced until they are finalized. The ruling of the intellectual and industrial property rights (civil) court, which aims to prevent unfair interference with a design registered through product similarity, constitutes an infringement of registered personal rights, and therefore such decisions cannot be enforced until they become final.
For the collection of material and moral compensation provided by divorce, the part of the case related to divorce must be final. Compensation and additional interest cannot be claimed until this part of the case is final. However, the situation is slightly different for alimony. In alimony measures, an objection to the ruling on alimony does not suspend the enforcement of alimony. Even when receiving alimony, it is not possible to suspend the enforcement of alimony (transfer of enforcement), even in exchange for collateral.
However, according to the Court of Cassation, finalization is required for the enforcement of poverty alimony, ancillary alimony, and material and moral compensation. Alimony for the child, contribution alimony, contribution alimony, contribution alimony, contribution alimony is in the nature of contribution payments, and even though the decision is under appeal, since the joint child/children under custody will be on the left side, the left side will pay him/her joint maintenance, and the payment of maintenance for the maintenance of the minors until the decision becomes final will be rejected.” In our opinion, this does not comply with fairness to this extent.
As is well known, alimony awarded by the court to the spouse during the pendency of the case is not poverty alimony but provisional alimony, and requesting that this provisional alimony be finalized in order to claim it would be contrary to the spirit of the provisional measure. However, alimony awarded for the period after divorce and ordered to be paid to the spouse is no longer provisional but poverty alimony, and it cannot be enforced until the ruling becomes final.
Similarly, a court decision to terminate this alimony cannot be enforced until it becomes final. If the divorce decree orders the termination of alimony, since the divorce decree cannot be enforced until it becomes final, the part of the decree regarding the termination of alimony cannot be enforced until the decree becomes final, meaning that alimony must be paid until the divorce decree becomes final. Although they fall within family law, cases concerning contribution shares are claims unrelated to the divorce decree and independent of it.
Therefore, decisions concerning the collection of contribution shares do not need to be finalized before they can be enforced. Similarly, the jewelry fee stipulated in the divorce decree is one of the premiums that can be pursued without becoming final, as it does not pertain to the divorce decree and is a claim independent of the divorce case. Compensation and additional interest rates cannot be claimed until this part of the application becomes final. However, the situation is slightly different for alimony. In alimony measures, an objection to the ruling on the award of alimony does not suspend the enforcement of the ruling.
Even when receiving alimony, it is not possible to suspend the enforcement of the sentence (transfer of enforcement) in exchange for collateral. However, according to the Court of Cassation, finalization is required for the enforcement of poverty and subsidiary alimony, as well as material and moral compensation.
Child support, joint alimony, joint alimony, joint alimony, joint alimony is in the nature of contribution payments, and even though the decision is under appeal, since the child/children under custody will be on the left side, the left side will pay him/her joint alimony, and joint alimony will be denied until the decision becomes final, which, in our opinion, is not fair. As is known, the alimony awarded by the court to the spouse while the case is ongoing is not poverty alimony but provisional alimony, and requesting that this provisional alimony be finalized in order to be claimed would be contrary to the spirit of the provisional measure.
However, alimony awarded for the period after divorce and ordered to be paid to the spouse is no longer provisional but poverty alimony, and it cannot be enforced until the ruling becomes final. Similarly, a court decision to terminate this alimony cannot be enforced until it becomes final. If the divorce decree orders the termination of alimony, since the divorce decree cannot be enforced until it becomes final, the part of the decree ordering the termination of alimony cannot be enforced until the decree becomes final, meaning that alimony must continue to be paid until the divorce decree becomes final.
Although they fall under family law, cases concerning contribution payments are claims unrelated to the divorce decree and independent of it. Therefore, decisions regarding the collection of contribution payments do not need to be finalized before enforcement. Similarly, the jewelry fee stipulated in the divorce decree is also one of the premiums that can be pursued without finalization, as it does not pertain to the divorce decree and is a case independent of the divorce case. The enforcement of poverty and ancillary alimony cases and the conclusion of material and moral compensation cases are requested.
Child support, joint support, joint support, joint support, joint support, which is in the nature of contribution payments, is subject to appeal, but since the joint child/children under custody will be on the left side, the left side will pay him/her joint alimony, and the payment of joint alimony for the maintenance of the minors will be rejected until the decision becomes final.” In our opinion, this is not fair. As is known, the alimony awarded by the court to the spouse while the case is ongoing is not poverty alimony but provisional alimony, and requesting that this provisional alimony be finalized in order to be claimed would be contrary to the spirit of the provisional measure.
However, alimony awarded for the period after divorce and ordered to be paid to the spouse is no longer provisional alimony but poverty alimony, and it cannot be enforced until the ruling becomes final. Similarly, a court decision to terminate this alimony cannot be enforced until it becomes final. If the divorce decree orders the termination of alimony, since it cannot be enforced until the divorce decree becomes final, the part of the decree regarding the termination of alimony cannot be enforced until the decree becomes final, meaning that alimony must continue to be paid until the divorce decree becomes final.
Although they fall within family law, cases concerning contribution shares are claims unrelated to the divorce decree and independent of it. Therefore, decisions concerning the collection of contribution shares do not need to be finalized before they can be enforced. Similarly, the jewelry fee stipulated in the divorce decision is one of the premiums that can be pursued without becoming final, as it does not belong to the divorce decision and is a case independent of the divorce case. The enforcement of poverty and ancillary alimony cases and the conclusion of material and moral compensation cases are requested.
Child support, joint custody support, joint custody support, joint custody support, joint custody support, which is in the nature of contribution payments, even though the decision is under appeal, since the child/children under custody will be on the left side, the left side will pay him/her joint alimony, and joint alimony will be denied until the decision becomes final, as it is not in the best interests of the children’s livelihood. As is known, the alimony awarded by the court to the spouse while the case is ongoing is not poverty alimony but provisional alimony, and requesting that this provisional alimony be finalized in order to be claimed would be contrary to the spirit of the provisional measure.
However, alimony awarded for the period after divorce and ordered to be paid to the spouse is no longer provisional but poverty alimony, and it cannot be enforced until the ruling becomes final. Similarly, a court decision to terminate this alimony cannot be enforced until it becomes final. If the divorce decree orders the termination of alimony, since the divorce decree cannot be enforced until it becomes final, the part of the decree ordering the termination of alimony cannot be enforced until the decree becomes final, meaning that alimony must continue to be paid until the divorce decree becomes final.
Although they fall under family law, cases concerning contribution payments are claims unrelated to the divorce decree and independent of it. Therefore, decisions regarding the collection of contribution payments do not need to be finalized before enforcement. Similarly, the jewelry compensation stipulated in the divorce decree is also one of the premiums that can be pursued without finalization, as it does not pertain to the divorce decree and is an independent claim from the divorce case.
Alimony ordered to be paid to the spouse after the divorce is no longer a precautionary measure but alimony for poverty, and just as it cannot be enforced until this ruling becomes final, the court decision to terminate this alimony cannot be enforced until it becomes final. If the divorce decree orders the termination of alimony, it cannot be enforced until the divorce decree becomes final.
Therefore, the part of the decree regarding the termination of alimony cannot be enforced until the decree becomes final, meaning that alimony must continue to be paid until the divorce decree becomes final. Although they fall within the scope of family law, cases concerning contribution shares are claims unrelated to the divorce decree and independent of it. Therefore, decisions concerning the collection of contribution shares do not need to become final in order to be enforced.
Similarly, the jewelry compensation determined in the divorce decree is not a result of the divorce decree itself but rather an independent lawsuit separate from the divorce case, and therefore constitutes one of the premiums that can be pursued before the decree becomes final. The alimony ordered to be paid to the spouse after the divorce is no longer a precautionary measure but rather alimony for poverty, and it cannot be enforced until this ruling becomes final. Similarly, a court decision to terminate this alimony cannot be enforced until it becomes final.
If the divorce decree orders the termination of alimony, it cannot be enforced until the divorce decree becomes final. Therefore, the part of the decree regarding the termination of alimony cannot be enforced until the decree becomes final, meaning that alimony must continue to be paid until the divorce decree becomes final. Although falling within the scope of family law, cases concerning contribution shares are claims unrelated to the divorce decree and independent of it. Therefore, decisions concerning the collection of contribution shares do not need to be finalized in order to be enforced. Similarly, the jewelry compensation determined in the divorce decision is not a result of the divorce decision but an independent claim separate from the divorce case, and therefore, it is one of the claims that can be pursued without becoming final.