The effect of appeals on the enforcement of judgments

In social life, a debtor is expected to perform their debt duly and as required. However, in order to protect the creditor's rights in the case of any problems throughout this process, the creditor is granted by the State the right to pursue legal proceedings. In the Debt Enforcement and Bankruptcy Law, enforcement proceeding with judgment is established as a legal procedure to be pursued by a creditor to secure their rights. In Turkish Law, with a few exceptions, res judicata is not necessary for a judgment to be enforced. The pursuit of legal proceedings will not affect the enforcement of a verdict. However, the pursuit of legal proceedings has two basic characteristics: suspension and transference. In order to suspend an enforcement proceeding with judgment other than legally stipulated exceptions, a debtor must obtain an "enforcement suspension verdict". The present study is concerned with the effect of appeals, which refer to a form of legal proceeding, on the enforcement of judgments. Within this framework, the first section will focus on the effect of the request for appeal on the compulsory enforcement. The second section will investigate those judgments envisaging an automatic suspensive effect upon the request for appeal, and the third and last section will discuss those judgments in which the suspensive effect to arise upon the request for appeals depends on a suspensive condition.