Newsletter-21

371 the case. Following this, should the decision of the RCA that is chal- lenged before the CoA be reversed, the file will be sent to the RCA. Hence, in this scenario the RCA, whose decision is subject to appellate review, has evaluated the merits of the CFI decision, and has ruled differently from the CFI. Accordingly, the review made by the CoA is made on the decision of the RCA that results in sending the reversal decision to the actual owner of the recent decision, which is the RCA. In pursuit of the reversal decision given by the CoA, the Court (either the CFI or the RCA) re-examining the file will decide as to compliance or resistance. No matter which Court rules on the compli- ance or resistance, this decision can only be reviewed by the CoA. In case of a review made on the resistance decision at the Civil Court Assembly of the CoA, the decision of the Assembly will be binding. The Effect of Appellate Review on the Execution of the Decision In line with Article 367 of the CPC, the appellate review applica- tions made against the RCA decisions do not affect the execution of the decision. It shall be noted that Article 36 of the Bankruptcy and Enforcement Law on the suspension of execution is applicable in such a case. Conclusion As of July 20th, 2016, a switch-over from two-tier appellate re- view system to a three-tier one has been made. Within this scope, from this date forward, the decisions of the CFI will be subject to appellate review by the RCA, and the decisions of the RCA that are eligible to be appealed will be reviewed by the CoA. The decisions approved by the CoA will become final, as the revision of decision review was annulled in the three-tier system. The decisions that are reversed by the CoAwill either be returned to the CFI or to the RCA in accordance with the quality of the decision reviewed. LAW OF CIVIL PROCEDURE AND ENFORCEMENT AND BANKRUPTCY