Yargıtay 12. Hukuk Dairesi 2018/2690 Esas 2018/5657 Karar Sayılı İlamı
Esas No: 2018/2690
Karar No: 2018/5657
Karar Tarihi: 31.05.2018
Yargıtay 12. Hukuk Dairesi 2018/2690 Esas 2018/5657 Karar Sayılı İlamı
Özet:
An alacaklı initiated enforcement proceedings based on a court decision issued by the 16th Family Court, claiming alimony and rent debt. The debtor objected to the enforcement order, arguing that partial payments had been made before the enforcement order was served. The court ruled in favor of the debtor and canceled the enforcement order for the excess debt. The creditor appealed the decision. The appellate court held that the objection was time-barred since it had been submitted after the enforcement order was served and that any subsequent payments made by the debtor would be evaluated by the enforcement office. The court thus partially upheld the appeal, overturned the lower court's decision, and ordered a retrial.İİK (Code of Enforcement and Bankruptcy) Article 33/1 and HUMK (Code of Civil Procedure) Articles 366 and 428 were referred to in the decision.
