İcra Hukukunda Tarafta İradî Değişiklik

Abstract

Changes may occur on the party of a lawsuit or an enforcement proceeding for reasons arising from the law. However, in the parties to a lawsuit, the Code of Civil Procedure Art. 124 in accordance with the provision it is also possible to make voluntary changes. This change either according to HMK Art. 124/1, it can be done based on the express consent of the other party or can be made as a result of the judge's acceptance if a mistake has been made in the presentation of the party according to HMK Art. 124/3-4, mistake in fact, due to an acceptable mistake or not contrary to the rule of good faith. In enforcement law, however, there is no provision or reference in the Code of Enforcement and Bankruptcy that voluntarily changes can be made in an enforcement proceeding or in the remedies specific to enforcement law. However, in practice, it is frequently encountered that the party of the enforcement proceeding is presentation incorrectly. In the study, whether the aforementioned provision can be applied in terms of enforcement proceedings and the remedies in the enforcement law procedure related to the proceedings is evaluated in the light of doctrinal views and Judicial decisions; the limits of application, its provisions and results are designated.