Özet:

The execution courts aim to resolve the dispute that arises in terms of execution proceedings as quickly as possible. In this respect, the procedure of the execution courts differs from the other courts. Likewise, the proceedings before this court and other legal remedies are different in terms of the procedure. The application to the execution courts can be made verbally or in writing. In cases where requests or objections can be made orally, these applications are recorded by the officers of the enforcement office. In some cases, the application must be made in writing. At the petitions stage, petition and answer petition is submitted in accordance with the simple procedure and proceeding to the investigation stage. A simple trial procedure is applied in the execution courts, a limited examination is conducted and the dispute is resolved in a short time. Therefore, the investigation process and the evaluation of the evidence in this process differ from other courts. Even though the main rule is to carry out an examination with limited documents in the execution court, in some cases the evidence is freely evaluated. Again, in terms of burden of proof, certain rules of proof have been introduced in certain cases (for example, in the case of remuneration). There is no obligation to hold hearings in all cases during the investigation stage in the execution courts. Finally, the question of whether it is possible to remove the file from the proceedings in the execution courts, whether the decisions of the enforcement court will constitute a definite provision and which situations will be held for execution courts are some special cases that are controversial in the doctrine and are examined in our study.

Anahtar Kelimeler: