Yargıtay 12. Hukuk Dairesi 2018/15986 Esas 2019/650 Karar Sayılı İlamı
Esas No: 2018/15986
Karar No: 2019/650
Karar Tarihi: 21.01.2019
Yargıtay 12. Hukuk Dairesi 2018/15986 Esas 2019/650 Karar Sayılı İlamı
Özet:
An icra court rejected a claim by the plaintiff and the plaintiff appealed to the regional court. However, the regional court found that the appeal was not filed within the required timeframe and thus rejected it. The ruling was based on the 2004 Execution and Bankruptcy Law and a temporary provision added to it in 2005. The provision states that the 10-day period for filing an appeal starts from the notification of the ruling and if the deadline has passed, the court must reject the appeal request. The court also referenced the 5311 Law, which amended the Execution and Bankruptcy Law, and the 364/2 article of the 6100 Law of Civil Procedure, which dictates that the decision of the regional court must be upheld.5311 Law: Amended the Execution and Bankruptcy Law with regard to appeals and reviews.
364/2 article of the 6100 Law of Civil Procedure: Dictates the upholding of the decision made by the regional court.
