NEWSLETTER-2017

398 NEWSLETTER 2017 Balance of Interests Enforcement proceedings based on a verdict may only be stopped through a court decision to suspend the enforcement that is issued upon reimbursement of the debt as a security deposit. Whereas, suspension of enforcement protects the debtor from the pressure of attachment, and a security deposit protects the creditor in terms of collection of his receivable. Thus, an enforcement proceeding based on a verdict is the preferable option for a creditor, both in terms of convenience in the proceedings, and in collection of the receivable. As a verdict on the subject is already present, this does not burden the debtor with the danger of unjustified payment, and balances the interests in an efficient manner. Legal Interest Legal interest is a condition that is called for in every area in which a right of claim may be asserted. In the event that the preferred type of claim is unnecessary, costly, and requires considerable effort and time, it is accepted that the claimant has no legal interest. If there is an easier, faster and less expensive way, there is no legal interest of the right owner in preferring another way. In this respect, an enforcement proceeding that is based on a verdict is a special way that leads to the collection of receivables in an easier, faster and economic manner. There is no legal interest of the creditor whose receivable is bound to a verdict to prefer an enforcement proceeding without a verdict that is costlier, subject to objection, and takes longer 2 . There is also no need to justify a creditor who changes his/her opinion while holding a verdict, and to pursue en- forcement proceedings without a verdict, which he/she could already pursue without needing to produce any supporting documents. 2 Aslan, Kudret/Akyol; Aslan, Leyla, İlama Bağlı Para Alacağı İçin İlamsız İcra Takibi Yapılması, Dürüstlük Kuralına ve Hayatın Olağan Akışına Aykırı mıdır?, Prof. Dr. Ramazan Arslan’a Armağan, C.I, Yetkin Yayınları, Ankara, 2015, p.206.