According to the principle of being bound by the scope of demand which
rules the law of civil procedure, the judge is bound by the demand of the parties
to the case, can not decide on anything other than the request or demand but
according to the case, he is able to decide less than result of demand (Code of
Civil Procedure, Art. 26). The essence of enforcement law is that judge cannot
award without demand, as well. However, it is essential to indicate that this
basic principle is not valid in some regulations related to execution
compensation in the enforcement law. Since, in some provisions related to
execution compensation in the Code of Execution and Bankruptcy, related
parties do not need to request execution compensation for awarding execution
compensation. When the other conditions of the awarding execution
compensation that is stated in the Law occur, the court bring in a verdict of
execution compensation automatically. In this study, it is trying to be examined
associated with the principle of being bound by the scope of demand whether the
demand condition is essential or not in awarding execution compensation in
provisions related to execution compansation in the Code of Execution and
Bankruptcy.
Execution compensation compensation for denial of execution bad faith compensation the principle of parties’ control the principle of being bound by the scope of demand
İcra tazminatı icra inkâr tazminatı kötü niyet tazminatı tasarruf ilkesi taleple bağlılık ilkesi
Primary Language | Turkish |
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Subjects | Law in Context |
Journal Section | Articles |
Authors | |
Publication Date | June 21, 2019 |
Submission Date | January 20, 2019 |
Published in Issue | Year 2019 |
Dokuz Eylül Üniversitesi Hukuk Fakültesi Dergisi
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