Declaratory and formative judgments in enforcement law

There is no uncertainty in our law regarding the enforce of performance judgments and there is enough clarity in this matter both in the doctrine and the judicial decisions. However, declaratory judgments and formative judgments are not as clear as the performance judgments. In particular, the enforce of these judgments is not discussed as much as the performance judgments. Although it is not possible to follow the declaratory judgments and formative judgments by means of enforced execution, this does not indicate that the declaratory judgments and formative judgments are completely independent of enforcement law. In terms of the declaratory judgments, the negative declaratory judgments do not need to be enforced. However, it is accepted that the positive declaratory judgments regarding the receivable of a money or collateral may be subject to an unwarranted execution. In terms of formative judgements, formative judgements constitute the expected result with the provision and finalization of the provision. Therefore, in terms of these provisions, non-prosecution cannot be pursued by means of enforced execution. However, there are some individual judgments that must be given together with the formative judgments. There is no hesitation in placing the individual judgments of the Law on enforced execution. In this study, the status of declaratory judgments and formative judgments in terms of enforcement law will be discussed. In this context, in the first part, general information about the types of cases will be given and the features and effects of the declaratory judgments and formative judgments will be discussed in terms of shedding light on the subject. In the second section, the features of the declaratory judgments in terms of scientific and non-executive enforcement and the fact that the declaratory judgments are subject to precautionary foreclosure will be discussed. In the last section, the features of the formative judgments in terms of enforced and non-enforced execution, and the enforceability of individual judgments given with the formative judgments and the subject of precautionary foreclosure will be discussed and the results will be evaluated. Keywords: Declaratory Judgments, Formative Judgments, Enforcement Proceeding with Judgment, Proceeding without Judgment, Warrant of Attachment