Effect of Completion of Judgments on Finalization and Enforcement of Judgments in Civil Procedure Law
Article 305/A of the Code of Civil Procedure (Law No. 6100) was enacted pursuant to the Law on Amending the Code of Civil Procedure and Other Laws (Law No. 7251), and the institution of “completion of judgments” was introduced into our legal system. According to the article, “within one month from t...
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Istanbul University Press
2022-07-01
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| Series: | İstanbul Hukuk Mecmuası |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/313DFD34451A4A7C8479226AAEE27A51 |
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| _version_ | 1850274599216873472 |
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| author | Zeynep Bahadır |
| author_facet | Zeynep Bahadır |
| author_sort | Zeynep Bahadır |
| collection | DOAJ |
| description | Article 305/A of the Code of Civil Procedure (Law No. 6100) was enacted pursuant to the Law on Amending the Code of Civil Procedure and Other Laws (Law No. 7251), and the institution of “completion of judgments” was introduced into our legal system. According to the article, “within one month from the notification of the judgment, each party may request a supplementary ruling from the court for matters left undecided partly or as a whole, even though they were asserted or ought to be resolved ex officio. Appellate remedies are available against these rulings.” Although this article, which allows the court to supplement its previous judgment, is completely new to the civil judiciary, it is actually an adaptation of article 437/4 of the Code of Civil Procedure, which allows this procedure in arbitration. Through completion of judgments, a supplementary ruling may be requested from the court to avert any omission in the judgment if a claim in accumulation was left unresolved or if such judicial costs as the attorney’s fee were not decided upon. This legislation serves the principle of procedural economy and the realization of a more effective legal protection. However, because completion of judgments is a brand-new institution in the civil judiciary with an ambiguous nature, several problems must be addressed. These problems can be classified into two categories: the possibility of contradictory judgments due to separate appellate remedies for both rulings, and the question of whether these judgments may be executed separately and, if so, whether they may be joined in the enforcement procedure. This paper examines these issues and presents possible solutions. |
| format | Article |
| id | doaj-art-8d1e2e0d6baa41bc9bb16070230fa724 |
| institution | OA Journals |
| issn | 2667-6974 |
| language | English |
| publishDate | 2022-07-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | İstanbul Hukuk Mecmuası |
| spelling | doaj-art-8d1e2e0d6baa41bc9bb16070230fa7242025-08-20T01:51:06ZengIstanbul University Pressİstanbul Hukuk Mecmuası2667-69742022-07-0180250753610.26650/mecmua.2022.80.2.0005123456Effect of Completion of Judgments on Finalization and Enforcement of Judgments in Civil Procedure LawZeynep Bahadır0https://orcid.org/0000-0002-7293-8060Ankara Hacı Bayram Veli Üniversitesi, Ankara, TurkiyeArticle 305/A of the Code of Civil Procedure (Law No. 6100) was enacted pursuant to the Law on Amending the Code of Civil Procedure and Other Laws (Law No. 7251), and the institution of “completion of judgments” was introduced into our legal system. According to the article, “within one month from the notification of the judgment, each party may request a supplementary ruling from the court for matters left undecided partly or as a whole, even though they were asserted or ought to be resolved ex officio. Appellate remedies are available against these rulings.” Although this article, which allows the court to supplement its previous judgment, is completely new to the civil judiciary, it is actually an adaptation of article 437/4 of the Code of Civil Procedure, which allows this procedure in arbitration. Through completion of judgments, a supplementary ruling may be requested from the court to avert any omission in the judgment if a claim in accumulation was left unresolved or if such judicial costs as the attorney’s fee were not decided upon. This legislation serves the principle of procedural economy and the realization of a more effective legal protection. However, because completion of judgments is a brand-new institution in the civil judiciary with an ambiguous nature, several problems must be addressed. These problems can be classified into two categories: the possibility of contradictory judgments due to separate appellate remedies for both rulings, and the question of whether these judgments may be executed separately and, if so, whether they may be joined in the enforcement procedure. This paper examines these issues and presents possible solutions.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/313DFD34451A4A7C8479226AAEE27A51completion of judgmentssupplementary rulingcompletion of final decisionscomplementary rulingfinal judgmentenforcement of judgments |
| spellingShingle | Zeynep Bahadır Effect of Completion of Judgments on Finalization and Enforcement of Judgments in Civil Procedure Law İstanbul Hukuk Mecmuası completion of judgments supplementary ruling completion of final decisions complementary ruling final judgment enforcement of judgments |
| title | Effect of Completion of Judgments on Finalization and Enforcement of Judgments in Civil Procedure Law |
| title_full | Effect of Completion of Judgments on Finalization and Enforcement of Judgments in Civil Procedure Law |
| title_fullStr | Effect of Completion of Judgments on Finalization and Enforcement of Judgments in Civil Procedure Law |
| title_full_unstemmed | Effect of Completion of Judgments on Finalization and Enforcement of Judgments in Civil Procedure Law |
| title_short | Effect of Completion of Judgments on Finalization and Enforcement of Judgments in Civil Procedure Law |
| title_sort | effect of completion of judgments on finalization and enforcement of judgments in civil procedure law |
| topic | completion of judgments supplementary ruling completion of final decisions complementary ruling final judgment enforcement of judgments |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/313DFD34451A4A7C8479226AAEE27A51 |
| work_keys_str_mv | AT zeynepbahadır effectofcompletionofjudgmentsonfinalizationandenforcementofjudgmentsincivilprocedurelaw |