Enforcement proceeding with judgment for delivery of movable property

Enforcement proceeding with judgment, is a type of proceeding that the creditor may apply for the collection of all kinds of receivables other than money or money. In order to initiate a enforcement proceeding with judgment, the creditor must have a judgment. The decisions that will constitute the basis for the judgment enforcement proceedings are final decisions containing a judgment of execution. In addition, enforcement proceedings may also be initiated on the basis of documents in the nature of a judgment listed in the Enforcement and Bankruptcy Law and other laws. It is mandatory to prefer enforcement proceedings with writ of execution for receivables whose subject matter is something other than money, such as the delivery of movables. Within the scope of the execution of the judgments regarding the delivery of movables, the debtor is notified by the enforcement order sent to the debtor to deliver the movable within seven days or to bring a decision regarding the suspension of execution, otherwise the execution will continue. If the debtor fails to deliver the movable within this period, the movable shall be forcibly taken from the debtor. In the event that the movable cannot be found in the hands of the debtor, the obligation of delivery in kind shall be transformed into the payment of the price of the movable specified in the judgment. If the price of the movable is not specified in the judgment and the parties cannot reach an agreement on this issue, the price of the movable shall be determined by the executive director. If this price is paid, the enforcement proceedings shall be terminated. In this study, the stages of the proceedings initiated on the basis of a judgment and documents in the nature of a judgment, the subject of which is the delivery of a movable, and the problems experienced in practice within this scope are discussed together with the decisions of the Court of Cassation.