Adjournment of enforcement by the enforcement court in the enforcement proceeding with judgement regarding pecuniary claims (IIK art. 33, 33a)

There are various legal remedies in the Execution and Bankruptcy Law (İİK) and other laws that allow the debtor to halt a enforcement proceeding with judgement. The topic of this dissertation is the concept of adjournment of enforcement that is included in these legal remedies and regulated in article 33, 33a of İİK. Adjournment of enforcement is a concept that is peculiar to enforcement with judgement. This concept, which plays a role in balancing the interests between the parties of enforcement proceedings in the enforcement with judgement, has not been subjected to a dissertation separately by itself so far. With this dissertation, it was aimed to fill this gap in the literature and reveal the shortcomings in the legislations related to this concepts and issues that are problematic in practice by examining this concept in the light of the doctrine and the decisions of higher courts as a whole. In accordance with this purpose, the first section of the dissertation compares adjournment of enforcement and other ways that allow halting enforcement proceedings first of all. Then, determined the primary matters related to the concept of adjournment of enforcement, conditions required for application to adjourn enforcement are included, and the effect of application to adjourn enforcement on the proceedings is assessed. The second section of the dissertation examines the causes of adjournment of enforcement separately. Additionally, this section also includes causes that may not be constitute a basis for applications for adjournment of enforcement. This way, it was aimed to clearly determine the scope of the causes of adjournment of enforcement. The last section evaluate the procedure of adjournment of enforcement, decision of the enforcement court, the results of this decision and request for appeals that may be taken against this decision. In this dissertation, it was determined that the concept of adjournment of enforcement is a legal remedy have limited effect to enforcement law that allows a debtor to oppose the enforcement proceedings based on strict criteria with reasons based on substantive law in enforcement with judgement. As a result of the study, it was concluded that an application for adjournment of enforcement does not halt the enforcement proceedings by itself, and the enforcement court may not decide upon temporarily stopping proceedings, causes of adjournment of enforcement are listed restrictively in the law, and the decision to adjourn enforcement will not lead to the outcome of cancelation of enforcement proceedings without a significant basis on the decision.