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In the Execution and Bankruptcy Law, there is no general regulation that requires the temporary suspension of the proceedings as an injunction in the context of the resolution of a dispute regarding the prosecution law. Complaint is a means of cancellation of a enforcement action, and as a rule, there will be no result in terms of substantive law, since it is not possible to take a decision based on substantive law. As a rule, the complaint does not have the feature of stopping the direct follow-up. Because, by means of unjust and unfounded complaints, the follow-ups would be interrupted and the purpose of the forced execution would be lost. Requests for payment against follow-up, delay and postponement of execution based on limitation are beyond our scope of work. As a matter of fact, Article 36 of the Enforcement and Bankruptcy Law will not be applied to the decisions of the enforcement court, unless there is a special provision in the Execution and Bankruptcy Law (97/14, 269 / c, 276/2 of the Enforcement and Bankrupttcy Law). Therefore, since applying for a legal action against the decisions of the enforcement court will not stop the execution proceedings other than the sale, we will İÇİNDEKİLER / CONTENTS
In the Execution and Bankruptcy Law, there is no general regulation that requires the temporary suspension of the proceedings as an injunction in the context of the resolution of a dispute regarding the prosecution law. Complaint is a means of cancellation of a enforcement action, and as a rule, there will be no result in terms of substantive law, since it is not possible to take a decision based on substantive law. As a rule, the complaint does not have the feature of stopping the direct follow-up. Because, by means of unjust and unfounded complaints, the follow-ups would be interrupted and the purpose of the forced execution would be lost. Requests for payment against follow-up, delay and postponement of execution based on limitation are beyond our scope of work. As a matter of fact, Article 36 of the Enforcement and Bankruptcy Law will not be applied to the decisions of the enforcement court, unless there is a special provision in the Execution and Bankruptcy Law (97/14, 269 / c, 276/2 of the Enforcement and Bankrupttcy Law). Therefore, since applying for a legal action against the decisions of the enforcement court will not stop the execution proceedings other than the sale, we will İÇİNDEKİLER / CONTENTS
In a court judgment, the summary of the parties' claims and defenses, the issues they agreed and disagreed with, the evidence collected about the contested cases, the discussion and evaluation of the evidence, the facts and the conclusions and legal reasons derived from them, one by one, will be manifested in the government in a manner that does not cause suspicion and hesitation. The justification acts as a bridge between the material facts determined by the court and the verdict clause. In the justification section, the legal principles on which the provision is based are explained. The judge automatically investigates and finds the legal nature of the material facts submitted to her by the parties, as a matter of her duty, and explains the legal rules on which her provision is based and the reasons for this in the justification. The justification is the legal identity and legitimacy of the judgment. Since the justification is the guarantee of the right to be heard and the ability to apply for legal remedies, it is a mandatory element of the provision. Life events that are brought to trial in the court, discussed and decided in the light of legal reasons, will come to life in the justification. In other words, the cases that are subject to investigation and under legal protection in the light of all legal reasons in the trial will come into existence in the justification and gain legal identity with the judgment. Therefore, the court should examine the cases of foreigners brought to the trial in the light of all legal reasons and indicate in detail in its justification. As a matter of fact, it would not be right to expect the parties to know the law and to prove the case that they put forward. If life events brought to the court and for which legal protection are requested are not investigated in the light of all legal reasons and are not specified in detail in the justification, even if the verdict reached by the court is correct, with the sanction of wrogful application of substantive law, they will be the victim of insufficient justification and the parties will not be subjectively protected.
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