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UTU Hukuk ve Danışmanlık2 min readUpdate:
In this brief information note, action for annulment of objection we report the decision of the Grand General Assembly on the Unification of Case Law of the Court of Cassation on whom the statement of claim in such an action is to be served. The Decision of the Grand General Assembly on the Unification of Case Law of the Court of Cassation was published in the Official Gazette on 26 November 2022.
According to the decision in question:
"Where a debtor subject to enforcement proceedings objects to the proceedings through an attorney, in the action for annulment of objection to be brought by the creditor in order to secure the continuation of the enforcement proceedings stayed upon the objection, the statement of claim must be served on the principal party."
(Docket No. 2021/1 – Decision No. 2022/3)
Takibe itiraz
The debtor objected to the enforcement proceedings through an attorney.
Action for annulment of objection
The statement of claim is served on the debtor in person, not on the debtor’s attorney.
Practical meaning
To put it another way, where an objection to enforcement proceedings is lodged by an attorney, in the action for annulment of objection to be brought by the creditor, the statement of claim will be served not on the debtor's attorney but on the debtor personally.
You can access the full text of the decision via the link below:
https://www.resmigazete.gov.tr/eskiler/2022/11/20221126-7.pdf
The decision of the Grand General Assembly on the Unification of Case Law of the Court of Cassation numbered 2021/1 E. – 2022/3 K. was published in the Official Gazette on 26 November 2022.
According to the decision, in this case the statement of claim in the action for annulment of the objection brought by the creditor must be served not on the debtor's attorney but on the principal, that is, on the debtor personally.
Makalede kararın tamamına Resmî Gazete’nin internet sitesindeki bağlantı üzerinden ulaşılabileceği belirtilmekte ve bağlantı paylaşılmaktadır.
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