NEWSLETTER-2017

396 NEWSLETTER 2017 whether a document qualifies as a verdict is determined by law. Signed and sealed court decisions, arbitral awards, and those documents that qualify as a verdict pursuant to Article 38 of Bankruptcy and Enforce- ment Law numbered 2004 (“Law”) may be used as examples for this concept. A request to issue enforcement proceedings in the same format is required for all enforcement proceedings. The enforcement proceeding chosen by the creditor shall be stated in this request. The enforcement agent who receives the request for enforcement proceedings, upon his/her ex officio evaluation, shall issue a payment or an enforcement order. The enforcement proceeding determined by the creditor is not binding upon the enforcement agent. It is possible to stop the enforcement proceeding without a verdict by objection to the payment order. This objection must be nullified in an action for annulment of objection, or an action for removal of objection, in order for the creditor to pursue enforcement proceedings. The creditor may only obtain its receivables through this method. Enforcement proceedings based on a verdict may only be stopped by suspension of enforcement, which is stipulated in Article 36 of the Law. The debtor may obtain the suspension of enforcement from the regional courts of justice, or from Court of Cassation, on the condition that he/she provides a security deposit. This is very beneficial for the debtor who is of the opinion that the decision, which is given against the debtor, is unlawful, and that it will be abolished through examina- tion of the Court of Appeal or Court of Cassation. Summary of Different Courts of Cassation Jurisprudence The Civil Chambers of the Court of Cassation created two ju- risprudences on this subject. The jurisprudence holding that verdicts may not be subjected to enforcement proceedings without a verdict argues that the enforcement agent must issue an “enforcement order,” if a verdict is submitted in the request for enforcement, and issuing a payment order in its place would not be in conformity with the law. This jurisprudence holds that if the opposite situation is accepted, the debtor’s right to apply the suspension of enforcement will be taken