Annulment and postponing of the executive proceeding

This study, entitled ?annulment and postponıng of the executıve proceeding?, iscomposed of four sections. The annulment and postponing of proceeding peculiar toexecutive proceeding carried out without a writ is subject, which is studied in general worksand mistaken for similar institutions in application . In this study, annulment and postponingof proceeding is evaluated wiht regard to doctrines and court decisions.In the first section, general information about annulment and postponing of proceedingis provided. The consepts ?executive proceeding annulment? and ?postponing? are focusedon, the objective of the institution, its way of arrangement and application scope aredetermined taking the balance of benefits in the compulsory performance law intoconsideration. This section is concluded by assesing the legal quality of annulment andpostponing of executive proceeding.In the second section of the study, the causes of annulment and postponing ofproceeding are examined. First, redemption and prescription which are reasons for theannulment of proseeding are analyzed and then information on extending time which is thereason for postponing of proceeding is given.In the third section, the procedure of annulment and postponing of executiveproceeding is reviewed. The demand for annulment and postponing, the authorize court incharge, judgement procedure, proof and evidence, the decisions and results of the courtexecution are evaluated here. The legal ways which can appose to the decision taken arementioned according to both the available law system and the law system which will comeinto force.As for the last section of the study, the annulment and postponing of executiveproceeding is compared with drawal of execution, legal postponment conditions and negativedeclatory action. It is concluded that the annulment and postponing of the proceeding is areflection of the withdrawal of execution.