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In our law, appealing against the decisions made by courts does not affect the enforcement of the decision as a rule. A verdict which can be enforced before it is finalized may have been enforced by the creditor, meanwhile the debtor against whom legal proceedings are carried out may have appealed and the enforcement may not be ceased since is it was not requested or the request was rejected. Since annulment of the judgment by the regional court during or after completion of the enforcement of the verdict or making a decision about the accusations or reversal of the judgment by the Court of Cassation is arranged by remission of the enforcement in article 40/2 of the Enforcement and Bankruptcy Law, this judgment has a great importance.
Due to the debtor's lack of right to appeal in case of enforcement proceeding with judgment, it will not be wrong to say that the balance of interest is established in favour of the creditor. However, the debtor is not completely desperate against the enforcement proceeding with judgment. The lawmaker, who also protects the interest of the debtor, gives the debtor the chance of requesting that enforcement is ceased and remission of the enforcement provided that necessary conditions are fulfilled.
Since remission of enforcement is arranged in the section of common provisions on enforcement judgment, it is applied in terms of both verdicts related to providing money and security and verdicts not related to providing money and security. The primary aim of the remission of enforcement is to collect the amount paid by debtor to the creditor as a result of an unjust enforcement proceedings from the creditor of the first proceeding and return such amount to the debtor without any need for a separate lawsuit and proceeding. |