What are the Decisions That Cannot Be Implemented Before They Are Finalized?
Finalization of the decision means that the court decision has reached a final state that can no longer be changed through appeal. A court decision becomes final unless the parties object to this decision. If the decision is appealed, it may need to be reviewed and approved by the Supreme Court and/or the Appeal. A final decision becomes enforceable by the relevant parties, and this is done by applying to the enforcement office that ensures the implementation of the court decision.
In general, court decisions must be final before they can be enforced.
Decisions regarding the ownership of real estate and real rights: Decisions made in cases related to the ownership of real estate, such as title deed cancellation and registration cases, cannot be enforced until they become final.
Decisions regarding family and personal law: Decisions made in cases such as divorce, custody, change of personal relationship, name change cannot be enforced until they are finalized. However, decisions made in alimony cases are excluded from this exception and can be enforced without becoming final.
Parts of criminal judgments regarding conviction regarding compensation and trial expenses: Decisions regarding compensation and trial expenses given in criminal cases cannot be enforced before they become final.
Decisions made in rent determination cases: Decisions made in rent determination and adjustment cases cannot be enforced before they become final. However, decisions made in eviction cases are exempt from this rule.
Decisions regarding the negative declaratory case: Decisions made as a result of the negative declaratory case cannot be enforced until they become final.
Decisions on the enforcement of foreign court decisions: In order for the decisions given in foreign courts to be enforced in Turkey, these decisions must first be recognized and enforced in Turkey, and these decisions cannot be enforced before they become final.
Decisions of the Court of Accounts: Decisions made by the Court of Accounts cannot be enforced until they are finalized.
Decisions made in cases related to liens or provisional liens filed against the Administration: Decisions made in cases filed against the Administration cannot be enforced until they become final.
