Journals / Dokuz Eylül Üniversitesi Hukuk Fakültesi Dergisi / 2019 / Cilt: 21 - Sayı: 1
DEMAND CONDITION FOR AWARDING EXECUTION COMPENSATION AND ITS EVALUATION IN REGARD TO THE PRINCIPLE OF BEING BOUND BY THE SCOPE OF DEMAND
- Pages
- 205–231
- DOI
- —
Abstract
According to the principle of being bound by the scope of demand whichrules the law of civil procedure, the judge is bound by the demand of the partiesto the case, can not decide on anything other than the request or demand butaccording to the case, he is able to decide less than result of demand (Code ofCivil Procedure, Art. 26). The essence of enforcement law is that judge cannotaward without demand, as well. However, it is essential to indicate that thisbasic principle is not valid in some regulations related to executioncompensation in the enforcement law. Since, in some provisions related toexecution compensation in the Code of Execution and Bankruptcy, relatedparties do not need to request execution compensation for awarding executioncompensation. When the other conditions of the awarding executioncompensation that is stated in the Law occur, the court bring in a verdict ofexecution compensation automatically. In this study, it is trying to be examinedassociated with the principle of being bound by the scope of demand whether thedemand condition is essential or not in awarding execution compensation inprovisions related to execution compansation in the Code of Execution andBankruptcy.
Özet
Medenî usûl hukukuna hâkim olan taleple bağlılık ilkesi gereği, Hâkim,