Execution of Judgments Regarding Eviction and Delivery of Immovable Property

If a court ruling orders the eviction or delivery of a property to its rightful owner, the practical implementation of this decision falls under the category of "enforcement of judgments." In simple terms, for a citizen, the issue is this: the court may have stated that "this property will be vacated and delivered," but to ensure the decision doesn't remain merely on paper, the enforcement office intervenes and, if necessary, uses force to evict the property. Article 26 of the Enforcement and Bankruptcy Law explicitly stipulates that upon receipt of a judgment regarding the eviction and delivery of the property by the enforcement office, an enforcement order will be sent to the debtor, demanding the delivery of the property within seven days. If the debtor fails to comply with this order, the judgment will be enforced by force.

This issue is particularly important for landlords, property owners, and those who prevail in cases involving the dissolution of co-ownership or prevention of interference. Because obtaining a court decision alone is not sufficient; the decision must actually be enforced. The most common point of confusion in practice is this: not every decision regarding real estate can be immediately enforced. Some decisions are directly applicable to eviction and delivery, while others, because they relate to the real rights of the property, cannot be enforced until they become final. This distinction is crucial. In the Code of Civil Procedure, decisions concerning personal law, family law, and the real rights of real estate cannot be enforced until they become final.

What do evacuation and surrender mean?

"Eviction" means the emptying of a property. "Delivery" is the actual handover of the vacated property to the person in whose favor the decision was made. For example, if a tenant is ordered to be evicted, the aim is not only for the tenant to leave, but also for the property to be handed over to the owner or rightful owner. Article 26 of the Enforcement and Bankruptcy Law regulates this process precisely: The enforcement officer sends an enforcement order to the debtor; delivery is requested within seven days; if not complied with, forced eviction is carried out. Furthermore, if the debtor subsequently re-enters the property without a valid reason, forced eviction is possible again without the need for a new court order.

How does the process work?

The first step is to submit the court decision to the enforcement office. According to Articles 34 and 35 of the Enforcement and Bankruptcy Law, enforcement of judgments can be requested from any enforcement office, and the process begins with the submission of the judgment to that office. Subsequently, the enforcement office sends an enforcement order to the debtor. This order informs the debtor that they must vacate and hand over the property within seven days. If the debtor does not vacate, the enforcement office carries out a forced eviction.

The important point that citizens need to know is this: There is no longer a routine "warning" process here. Because there is a court order, if the debtor says "I'm not leaving," the issue is not about reopening the case. The enforcement process continues. The court order is enforced.

Which decisions are enforced in this way?

This enforcement procedure is used particularly in court decisions that explicitly result in "eviction and delivery of the immovable property." If an eviction order, a decision to prevent interference, or certain decisions to prevent encroachment actually require the evacuation of the immovable property, then proceedings can be conducted according to Articles 24 and 26 of the Enforcement and Bankruptcy Law during the enforcement phase. In practice, the Supreme Court's summaries of case law also accept that in cases where the enforcement of a decision to prevent interference is possible only through the evacuation and delivery of the immovable property, the enforcement of the judgment is possible even if the word "eviction" is not explicitly mentioned.

However, there is a crucial distinction to consider here: Is the decision truly related to eviction and delivery, or is it a decision concerning a real right that alters the property's title deed? For example, decisions to cancel and re-register title deeds often cannot be directly considered as eviction orders. If the essence of the decision is the alteration of the title deed and it has consequences related to the property itself, the issue of finality arises. In practice, it is also stated that enforcement of a judgment is not possible in cases where the underlying judgment does not contain a provision for eviction and delivery within the meaning of Article 26 of the Enforcement and Bankruptcy Law.

Is confirmation required?

This is one of the most frequently asked questions by citizens. The answer: Not always. If the decision directly concerns eviction and surrender, in most cases enforcement proceedings can be initiated. However, the situation is different for decisions that change the ownership, title deed, or real rights of the immovable property. Because such decisions are considered "relating to the real property" and may not be enforceable before they become final. Therefore, one should look not only at the title of the decision but also at the operative part. "Eviction" and "cancellation and registration of title deed" are not the same thing.

What happens if the debtor enters again?

The law provides clear protection here as well. According to Article 26 of the Enforcement and Bankruptcy Law, if a debtor re-enters the immovable property delivered to the creditor without a valid reason, they will be forcibly removed without the need for a new court order. In other words, the rightful owner does not have to file a second lawsuit. This is an important safeguard for the preservation of de facto control over the immovable property.

Conclusion

The enforcement of court judgments regarding the eviction and delivery of immovable property is the stage that ensures the court decision is implemented in real life. The court decision is given to the enforcement office, an enforcement order is sent to the debtor, and a seven-day period is given; if the property is not vacated despite this, forced eviction is carried out. However, not all decisions regarding immovable property are the same. If the decision truly concerns eviction and delivery, the process proceeds more directly; if the decision concerns the ownership of the immovable property, the issue of finality must be evaluated separately. Therefore, in practice, the safest approach is to carefully examine the operative clause of the decision and determine the enforcement method according to the nature of the judgment.