NEWSLETTER-2017

395 MISCELLANEOUS The Court of Cassation Decision of the Unification of Judgments holding that Receivables based on a Verdict may not be put into Enforcement Proceedings without a Verdict* Att. Piraye Erdem The Court of Cassation General Assembly on the Unification of Judgments (“General Assembly”) decision (“Decision”) dated 26.05.2017 and numbered 2017/2 E. and 2017/3 K. which was given to eliminate the discrepancy among the jurisprudence of the General Assembly of the Court of Cassation, the 4th Civil Chamber, the 8th Civil Chamber, the 12th Civil Chamber and 13th Civil Chamber, was published in the Official Gazette dated 21.07. 2017 and numbered 30130. This Decision, the justifications of the Decision, as well as the dissenting opinions shall be examined in this article. A General Overview on Enforcement Proceedings Before examining the decision and its justifications, it is benefi- cial to clarify the general principles of enforcement proceedings. Enforcements with attachment proceedings for collecting the pecuniary receivables are divided according to the basis of each en- forcement, as follows: An enforcement proceeding that is based on a verdict; or an enforcement proceeding without a verdict. Creditors do not have to produce a document regarding the debt in order to pursue an enforcement proceeding with attachment, without a verdict. As a matter of fact, even though a creditor does not produce any document, or even if he/she is not a creditor, in reality, it is possible to follow this line of this proceeding 1 . Enforcement proceedings based on a ver- dict, however, may only be conducted with a verdict. The issue as to * Article of December 2017 1 Pekcanıtez, Hakan; Atalay, Oğuz; Sungurtekin Özkan, Meral; Özekes, Mu- hammed, İcra ve İflas Hukuku, Yetkin Yayınları, Ankara, 2015, p. 128.