The judgments that can not be enforced before they become enforceable

In our law, even if an appeal has been filed against judgments rendered by the courts of first instance, the judgment creditor can, as a rule, enforce the judgment that is not yet enforceable by applying to the judicial enforcement procedure. In the event that some judgments are enforced before they are enforceable, certain negative consequences may arise. That is why the practice of not executing these judgments before they are enforceable has emerged. With the regulation stipulated in the Code of Civil Procedure No. 6100, the legislator has made the execution of certain judgments conditional on their enforceability. In addition, in some special laws the enforceability of judgements is required. Moreover, the enforceability of judgments in some special laws is explicitly required in the law regulating the judgment in question. Over time, in accordance with the decisions of the Court of Cassation, the scope of judgments that can only be enforced if they are enforceable has been expanded. In our study, after discussing the general information on enforceable judgments, the concept of enforcement and the purpose of the practice of non-enforcement before enforceability, the judgments that cannot be enforced before enforceability in different areas of law are examined in the light of legislation and decisions of the Court of Cassation. Finally, the use of the complaint as a legal remedy that can be applied in the case where a judgment, subject to the condition of enforceability, is executed before its enforceability is discussed.