Yargıtay 19. Hukuk Dairesi 2014/7751 Esas 2014/9849 Karar Sayılı İlamı

Özet:

An ihtiyati haciz (precautionary attachment) request was made by the plaintiff's lawyer based on invoices. However, the court rejected the request on the grounds that the existence of the debt could not be established from the submitted invoices and that no payment warning had been given. The plaintiff's lawyer appealed the decision, but the appeals court upheld the initial decision stating that there were no errors in the evidence and judgment.
The relevant law on the matter is the Turkish Civil Procedure Code (TCPC), specifically Articles 257-265 which outline the procedures for precautionary measures and attachments. Under TCPC Article 257, a party may request various types of protective measures, including a precautionary attachment, if there is a risk of irreparable harm or a risk of making it difficult to enforce a future decision. However, to obtain such a measure, the applicant must provide sufficient evidence and justification for the existence of such risks. In this case, the court found that the submitted invoices did not meet this standard and therefore rejected the request.