WHAT IS THE ENFORCEMENT (STAY OF EXECUTION)?
Stay of execution, in other words, postponement of execution, is a very important legal remedy that the debtor may apply in execution proceedings with judgement initiated against the debtor. With the conclusion of the deferred enforcement proceedings initiated by the debtor in favour of the debtor, the enforcement proceedings initiated by the creditor cease.
The debtor, who sees that he has lost the case, may have paid his debt to the creditor with his consent. In this case, it is normal that the creditor no longer enforces the judgement. However, if the creditor puts the judgement into execution even though he has received his receivable, in order to protect the debtor against such malicious creditors, the debtor is entitled to request a stay of execution from the enforcement court. The debtor may apply to the court of execution for stay of execution not only in case of payment, but also in cases where the debt has been postponed or is time-barred.
REQUEST FOR STAY OF EXECUTION
The fact that a judgement is appealed does not automatically suspend the execution of the judgement. The debtor who wants to stop the execution shall appeal the file with a request for deferred execution and fulfil the relevant procedures. Otherwise, even if the file is sent to appeal, the creditor may proceed with foreclosure during the enforcement proceedings. Execution proceedings will be suspended until the case file for which a stay of execution has been granted is returned from the Court of Cassation or the Court of Appeal. In practice, this situation is called stay of execution.
The technical name of the institution, which is the subject of examination here, is “Suspension of Execution” as stated in Article 33 of the BEC.
Article 33 – Suspension of Execution
Upon notification of the execution order, the debtor may apply to the execution court with a petition within seven days and object that the debt has expired or has been cancelled or redeemed. Execution shall be suspended if the allegation of redemption or extinguishment is proved by a deed made ex officio by the competent authorities or duly certified or acknowledged at the execution office or before the execution court or before the court.
Requests for stay of execution based on redemption, cancellation or statute of limitations accrued in the period after the notification of the execution order may be made at any time. Of these, the requests based on redemption or cancellation must be based on the documents made or certified ex officio by the notary public or the execution record.
If the execution court rejects the request for stay of execution, the debtor may only apply for appeal or appeal within the period of application for appeal or appeal, provided that he/she shows cash or movable pledge or movable pledge to be accepted by the execution court, or a pledge of securities or bonds or immovable property or a valid bank surety. If the debtor’s sufficient property is sequestrated or if the sufficient property is sequestrated within the period of appeal or appeal upon the request of the debtor, it is not necessary to show the collateral written in this paragraph.
The debtor who is obliged to pay the money that he does not owe, reserves the right to request the return of the money by filing a reclamation action pursuant to Article 72.”
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