The General Assembly Decision of The Court of Appeals On The Unification of Conflicting Judgments Regarding "The Recipient of Annulment of Objection Lawsuit Notification" Has Been Published In The Official Gazette

11/30/2022

The General Assembly on the Unification of Judgments of the Court of Appeals , in its recently published Decision of 03.06.2022 and numbered 2021/1, 2022/3 (“Decision”), , has evaluated whether a lawsuit for annulment of an objection of a debtor against an execution proceeding filed by a creditor is a continuation of an execution proceeding or not and ruled that lawsuit for annulment of an objection shall be filed by a creditor to ensure the continuation of execution proceedings; the statement of claim shall be served to the debtor, against whom execution proceedings were initiated, instead of the lawyer representing the debtor by proxy even though objection to the execution proceeding was made by the lawyer on behalf of the debtor.

It is further stated that the lawsuit for annulment of the objection is not a complaint or an objection proceeding and thus it shall be independent from the execution proceedings and shall be concluded in accordance with the general procedural provisions.

For this reason, pursuant to the mandatory provisions of the Code of Civil Procedure numbered 6100 and the “The Right To Be Heard” for which the parties of the case need to be informed about the proceedings, the General Assembly on the Unification of Judgments of the Court of Appeals has decided that the lawsuit for annulment of an objection shall be notified to the actual debtor instead of the lawyer acting by proxy. The General Assembly also argued in the reasoning of the Decision that the lawyer objected at the beginning to the execution proceeding would not be notified from an annulment lawsuit unless he/she submits a power of attorney to the concerning lawsuit file.

You may access the full text of the decision from here.

MORAL | KINIKOĞLU | PAMUKKALE | KÖKENEK
Cerensu Çetin Yenigün, Senior Associate
Melis Uluutku, Associate

¹ Official Gazette dated 26.11.2022 and numbered 32025.

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