Özet:

Since the power of disposition continues after the lawsuit is filed, malicious debtors can dispose of the subject of dispute. The principle that the effect of the interim injunction will continue until the dispute is fully clarified, is to prevent the acquisition of the right subject to dispute from becoming significantly more difficult or completely impossible (CPL art. 389, I). In this context, the duration of the interim injunction is regulated in CPL art. 397, II. According to this provision, “The effect of the interim injunction shall continue until the final decision becomes final, unless otherwise specified”. In this study, first of all, the duration of the effect of the interim injunction decision is examined in detail in the light of the opinions in the doctrine and judicial decisions according to different possibilities in terms of the type, time, and content of the decision to be given by the court. Then, the long duration of the effect of the interim injunction was evaluated against right of property. Finally, some special cases that in terms of the application area of this regulation are discussed.