First-degree appeal against the desicions of enforcement courts

Enforcement courts are special courts with a single judge and provisions regarding these courts are included in the Enforcement and Bankruptcy Law. The legal remedy that can be applied against the decisions of the enforcement courts is the first-degree appeal. However, it is not possible to appeal against all of the decisions of these courts. During the times of two-level judicial system in Turkish law, some decisions of these courts could be appealed. The decisions that could be appealed against were limited in the Enforcement and Bankruptcy Law. In the new regulation, the appeal is the rule and not applying to appeal is the exception. In addition to this issue, many special provisions to be applied during the appeal phase are also included in the Execution and Bankruptcy Law. It is necessary to take into account the special provisions of the Enforcement and Bankruptcy Law when applying for a legal remedy against the decisions of the enforcement courts and when conducting an appeal examination against the decisions of these courts. In cases where there are no special provisions, Civil Procedure Law will be applied. In our study, which consists of three main parts, the special provisions in the Enforcement and Bankruptcy Law are discussed in the light of doctrine and the jurisprudence regarding the application of appeal against the decisions of the enforcement courts and the examination of this application.