How to Obtain a Stay of Execution? Suspension of Execution During the Appeal and Cassation Process

Filing an appeal or cassation against a court decision does not automatically stop enforcement proceedings. According to the Code of Civil Procedure, neither appeals nor cassations, as a rule, suspend the execution of the decision; therefore, the opposing party can initiate enforcement proceedings. In this case, the debtor's only option is a request for a stay of execution, known in practice as "tehir-i icra" ( suspension ). However, a stay of execution cannot be granted in alimony decisions.

What is a postponement of execution?

A stay of execution is when a debtor who has appealed a court decision requests that the execution of the decision be temporarily suspended until the end of the appeal process. In other words, you say, "I have appealed the decision, let the higher court review it first," and the court will suspend the execution proceedings if the conditions are met. However, this is not an automatic right; certain conditions must be fulfilled. Articles 350 and 367 of the Code of Civil Procedure explicitly link this avenue to Article 36 of the Enforcement and Bankruptcy Law.

In what situations is it necessary?

The postponement of execution is most in enforcement proceedings related to monetary claims . This is because such judgments can often be enforced even before they become final. Even if the losing party has appealed or filed a cassation appeal, the opposing party can still initiate enforcement proceedings. If the debtor wishes to stop these proceedings, they must seek a postponement of execution. In contrast, judgments concerning personal law, family law, and real property rights cannot be enforced before they become final. Therefore, a postponement of execution may not be necessary in every case.

What is required to obtain a stay of execution?

The most fundamental requirement that an appeal or cassation application must have been filed. The second important requirement is the provision of security. According to Article 36 of the Enforcement and Bankruptcy Law, if the debtor provides security equivalent to the value of the awarded money or goods as determined by official authorities, they are given a reasonable period of time to obtain a decision from the regional court of appeal or the Court of Cassation to suspend the enforcement. The law also states that if the debtor is the State or a person benefiting from legal aid, there is no obligation to provide security.

How does the process work in practice?

The process generally proceeds as follows:

First, there must be an enforcement proceeding . After the enforcement order is served on you, you prepare a request for a stay of execution in the enforcement file, along with a document showing that you have appealed or filed a cassation appeal against the decision. Then, collateral . In practice, a bank guarantee letter is a frequently used tool. If the collateral is deemed acceptable, the debtor is given time to obtain a stay of execution order from a higher court; during this period, the enforcement proceedings are suspended.

The competent authority for appeals changes depending on the stage of the appeal process. If an appeal has been filed against a first-instance court decision, the competent authority for a request to suspend enforcement is the regional court of appeal ; if an appeal has been filed against the regional court of appeal decision, then the Supreme Court of Appeals intervenes. Search results and practical sources clearly show that separate decisions regarding the suspension of enforcement can be made for both appeal and cassation stages.

Why can't alimony decisions be made?

The legislator has specifically protected alimony claims. Therefore, it is explicitly stated that enforcement of alimony decisions cannot be suspended, neither at the appeal stage nor at the cassation stage. In other words, the alimony debtor cannot say, "I appealed the decision, so I won't make the payment.".

What happens when the decision is made?

If the regional court of appeal or the Court of Cassation decides to postpone the enforcement, this decision is notified to the enforcement office, and the proceedings are temporarily suspended. If the higher court ultimately upholds the decision, the protective effect of the postponement of enforcement ceases, and the creditor can continue the proceedings. Explanations reflected in the Court of Cassation's jurisprudence also indicate that the effect of the decision to postpone enforcement ends with the confirmation of the decision.

The most common mistakes citizens make

The most common mistake is thinking, "I appealed, so the enforcement automatically stopped." This is incorrect. Another mistake is believing that simply submitting a petition without providing security is sufficient. In most cases, security is a fundamental requirement. A third mistake is expecting a stay of execution in alimony cases; the law does not permit this.

Conclusion

A stay of execution is an important protection granted to the debtor because execution does not automatically stop during the appeal or cassation process. However, this protection does not operate automatically; it usually requires filing an appeal, providing appropriate security, and obtaining a stay of execution order from the competent higher court. In short, simply saying "I have appealed the decision" is not enough; the correct steps must also be taken in the execution file.