NEWSLETTER-2017

397 MISCELLANEOUS away and, in the event that the “objection” procedure, which is the only remaining procedure to prevent the continuation of the enforce- ment, is used, the obligation related to compensation for enforcement denial, which is stipulated under Articles 67 and 68 of the Law shall arise, and that enforcement proceedings without a verdict shall not be applicable, if there is a verdict as to the issue of pecuniary receivables, as this issue goes against good faith principles. The jurisprudence holding that verdicts may be subjected to en- forcement proceedings without a verdict argues that there is no legal provision that prevents the creditor, who possesses a verdict, or a document that qualifies as a verdict, to pursue enforcement proceed- ings without a verdict. It further argues that it may not be assumed that creditors apply to the non-advantageous procedure of “enforce- ment proceedings without a verdict” just to obtain compensation for enforcement denial, instead of applying to the more advantageous “en- forcement proceedings based on a verdict.” The jurisprudence holds that the debtor, whose objection to the debt is undoubtedly unjust, is also in a position to know that the compensation of denial may be awarded upon the creditor’s request. Justification of the Decision Phase of Issuing Request for Enforcement Proceedings According to Articles 24 and 32 of the Law that regulates the enforcement of verdicts, when a verdict is submitted to the enforce- ment office, the enforcement agent notifies the debtor through an en- forcement order. Therefore, even if the creditor, who holds a verdict, is willing to pursue enforcement proceedings without a verdict, the enforcement agent is obliged to issue an enforcement order, and to commence enforcement proceedings with a verdict under the afore- mentioned legislative regulation. In the Decision, it is underlined that the enforcement agent has no discretionary power regarding this matter, and a creditor who holds a verdict cannot pursue enforcement proceedings without a verdict.