Master'sOpen Access

Lifting the objection permanently

2021
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Advisor: Dr. Öğr. Üyesi Emine Gökçe Karabel

Abstract (EN)

Execution proceeding ceases upon objection to the order of payment in the procedure of general foreclosure which has a wide application area in Enforcement Law. In this case, the debtee who would like to continue the execution proceeding has several legal ways to override the objection. One of the legal ways is "lifting the objection permanently" which is the subject of this article. If debtee does have documents set out in IIK article 68/I and other provisions exist, debtee can apply "lifting the objection permanently". The action of annulment of objection can override debt objection too. However, lifting the objection permanently is an easier and more convenient legal way than action for the annulment of objection. The lifting objection permanently is examined with a trial by the execution court and is subject to a simple jurisdictional procedure. The execution court does have limited authority to examine the case. Parties cannot apply evidence such as witness and oath in the case about lifting the objection permanently. Execution court cannot analyze every document. It can only analyze documents stated in IIK article 68/I. Therefore, the verdict of the execution court is not a definitive judgement in the context of substantive law. Therefore, parties can applyto the general court after the verdict of the Execution Court.

Author

Dr. Zeliha Büşra Tanır

How to Cite

Zeliha Büşra Tanır (Master Thesis). Lifting the objection permanently, 2021, Bursa Uludağ Üni̇versi̇ty.

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