Yargıtay 12. Hukuk Dairesi 2018/828 Esas 2019/9260 Karar Sayılı İlamı
Esas No: 2018/828
Karar No: 2019/9260
Karar Tarihi: 28.05.2019
Yargıtay 12. Hukuk Dairesi 2018/828 Esas 2019/9260 Karar Sayılı İlamı
Özet:
An Istanbul Regional Court of Justice ruled on a case whereby a debtor had applied to the court claiming that the execution of a judgement had an error; the objective of this appeal was to cancel the enforcement of the judgement. The court held that the judgement in question was an 'Eda' judgement, meaning, a verdict that must be fulfilled as written. As such, the appeal was not granted and it was decided that the claim was contrary to the law. This judgement is in line with Article 366 of the Enforcement and Bankruptcy Law, which does not permit a retrial on the issues that were previously dealt with.Kanun maddeleri:
- İİK 366. Madde
- HMK 353/1-b-3. Madde
- HMK 353/1-b-1. Madde
- İİK 364/2. Madde
- HMK 373/2. Madde
