One of the most frequently resorted legal remedies by debtors in enforcement proceedings based on a court judgment is the institution of stay of execution (postponement of execution). Especially when an appeal or cassation is filed against a court decision, debtors often assume that enforcement proceedings will automatically cease. However, this is different in Turkish law.
As a general rule, appealing or filing for cassation against a court judgment does not automatically stop enforcement proceedings. For the debtor to ensure the cessation of enforcement proceedings, they must obtain a decision for the postponement of execution under Article 36 of the Enforcement and Bankruptcy Law.
1. Essential Conditions for Stay of Execution
Pursuant to EBL art. 36, CCP art. 350 and 367, certain essential conditions must be met concurrently for the execution to be postponed:
Recourse to Legal Remedy: It is mandatory for the debtor to have filed an appeal or cassation against the court judgment subject to enforcement (Constitutional Court 2025/92 , Court of Cassation 8th Civil Chamber 2014/9373 ). The fact that judgments enforceable without becoming final have been appealed does not automatically stop the execution; additionally, a stay of execution decision must be obtained (Court of Cassation General Assembly of Civil Chambers 2017/1882 ).
Provision of Security: The debtor must provide security in an amount sufficient to cover the adjudged money or goods. Types of security include; depositing cash, movable/immovable collateral accepted by the enforcement court, shares (stocks), bonds, or a reputable bank guarantee. Furthermore, the attachment of the debtor’s property is also considered within this scope (Constitutional Court 2025/92 ).
Scope and Nature of Security: The security provided must be sufficient to more than cover the case debt and all receivables specified in the decision (BAM Erzurum 3rd Civil Chamber 2017/98 ). For foreign currency receivables, the amount of security is determined based on the Turkish Lira equivalent of the receivable on the actual payment date (Supreme Court 6th Civil Chamber 2025/3279 ). If real estate is presented as security, and it is uncertain whether the sale price of the real estate will cover the case debt and its accessories, this security does not ensure the lifting of existing attachments (Supreme Court 12th Civil Chamber 2022/9066 ).
Exceptions and Exemptions:
Debtors benefiting from state or legal aid are exempt from providing security (Constitutional Court 17/11/2014).
A decision to suspend enforcement cannot be issued in maintenance provisions (EPL art. 36/4).
For decisions that cannot be enforced before becoming final, such as judgments concerning the absolute rights over real estate, family law, and personal rights, there is no need for a stay of execution procedure; by law, these cannot be enforced until they become final.
2. Application Procedure and Stages
The stay of execution process is subject to strict procedural rules stipulated in the law. In accordance with the change of jurisdiction made by Law No. 7343 dated 24/11/2021, the decision-making authority is no longer the higher courts (Supreme Court/Regional Court of Appeals), but rather the enforcement court of the place where the enforcement proceedings are conducted (Constitutional Court 2025/92 , Supreme Court 12th Civil Chamber 2025/3381 ). Although older decisions (e.g., Supreme Court 8th Civil Chamber 2015/9402) included statements indicating that the decision would be obtained from the Supreme Court or the Regional Court of Appeals, current legislation and recent decisions confirm the jurisdiction of the enforcement court.
Notification of Enforcement Order and Term: When the judgment is submitted to the enforcement office, an enforcement order is served on the debtor, who is warned to make payment or provide a stay of execution decision within 7 days (Supreme Court 6th Civil Chamber 2025/3279). However, Article 36 of the EBL does not stipulate a definitive preclusive period for a request for stay of execution; it can be requested at any stage of the proceedings (until the funds are paid to the creditor) (Supreme Court 8th Civil Chamber 2014/9373, Supreme Court 8th Civil Chamber 2013/16390).
Obtaining a Grace Period Document: The debtor applies to the enforcement office with an endorsement indicating they have appealed to a legal remedy and provides collateral. The enforcement officer grants the debtor “a suitable period” (grace period document) to obtain a decision from the enforcement court. This period can only be extended in case of necessity (Ankara 14th Commercial Court of First Instance 2023/187).
Enforcement Court Decision and Notification: The debtor applies to the enforcement court in the place where the enforcement proceedings are conducted, with the grace period document. If the court finds the collateral appropriate, it decides to stay the execution. The decision is notified to the court that rendered the judgment and to the enforcement office, and enforcement proceedings halt.
Unlawful Official Actions: The enforcement officer cannot stop the payment of existing funds to the creditor based on arbitrary reasons such as “the stay of execution process has started,” without providing the debtor with a proper grace period document or without an enforcement court decision; this situation is clearly unlawful (Supreme Court 12th Civil Chamber 2025/3381). Furthermore, since the presentation of a letter of guarantee does not mean that the debt has been paid (extinguishment), existing attachments in the file cannot be lifted merely because collateral has been provided (Supreme Court 12th Civil Chamber 2011/19585).
3. Effect of the Higher Court’s Decision and the Fate of the Collateral
Based on the outcome of the appeal or cassation review, the status of the stay of execution decision and the collateral is determined:
Affirmation or Rejection on Merits: If the Regional Court of Justice rejects the appeal on its merits, or if the Court of Cassation affirms the decision, upon the creditor’s request, the money subject to the collateral is paid directly to the creditor without any further action; assets and rights are converted into money (BAM Istanbul 21. HD 2017/1959 ). The judgment creditor has a right of priority over the collateral. After the Court of Cassation’s affirmation, it is unlawful for the enforcement office to release the mortgage instead of converting the collateral into money (Court of Cassation 12. HD 2018/995 ).
Effect of the Cassation Process: If the cassation remedy is open against the Regional Court of Justice’s decision to reject on merits, the effect of the decision to stay execution continues until the expiration of the period for applying for cassation (AYM 2025/92 ). In this case, the debtor must re-request a certificate of grace for the Court of Cassation stage (Court of Cassation 12. HD 2019/12672 ).
Reversal or Annulment: In case of a reversal of the judgment, enforcement proceedings halt where they are (EPL art. 40/1). The decision on whether the collateral will be returned is definitively made by the court that will review the merits after the reversal, based on the nature of the reversal (Court of Cassation 12. HD 2022/8725 ). If the judgment is reversed after enforcement and the non-indebtedness becomes final, the enforcement proceedings are restored to their previous state (First Instance Ankara 3. Commercial Court 2022/706 ).
4. Special Cases and Applications in Different Branches of Law
Suspension of Enforcement Due to Statute of Limitations (EPL Art. 71 and 33/a) If the debt becomes time-barred in the period after the enforcement proceeding becomes final, the debtor may apply to the enforcement court to request the suspension of enforcement. The court conducts an examination based on official documents. In this case, the court should rule for the “suspension of enforcement” as per the law, not for the “cancellation of the enforcement proceeding” (Supreme Court 12th Civil Chamber 2013/22004 , 2014/12569 ). The creditor has the right to file a lawsuit in general courts within 7 days from the notification of this decision (Ankara 11th Civil Court of First Instance 2022/807 ). However, for debtors against whom the enforcement proceeding has not become final, a decision for the suspension of enforcement cannot be rendered under this article (Supreme Court 12th Civil Chamber 2009/22647 ).
5. Additional Contexts Obtained from Secondary Sources
Complementary information obtained from secondary sources that provide limited details in judicial decisions is presented below:
Distinction Between Enforcement with Judgment and Enforcement without Judgment: According to the decision of the Supreme Court Unification of Jurisprudence General Assembly (2017/2-2017/3 ), the institution of suspension of execution (EPL Art. 36) is applicable only in enforcement proceedings with judgment. In enforcement without judgment, the debtor does not have the possibility to apply for the suspension of enforcement by providing collateral; protection in enforcement without judgment is only provided by objecting to the payment order (EPL Art. 62).
Protective Effect of the Grace Period: Within the grace period granted by the enforcement office for bringing a decision of suspension of execution, the enforcement proceeding halts, and no enforcement action can be taken. During this period, the creditor’s requests to send attachment notices (EPL Art. 89/2) to third parties are rejected (Supreme Court 12th Civil Chamber 2016/19385 ).
Non-submission of the Decision: If the debtor, despite obtaining a stay of execution certificate and a stay of execution decision from the higher court, fails to submit this decision to the enforcement file within the given grace period (e.g., 90 days) , the creditor can convert the deposited collateral into money and collect their receivable at the end of the period (Supreme Court 12th Civil Chamber 2022/8876 ).
Fee and Notification Procedure: In stay of execution applications made to the enforcement court, a fixed fee (in advance) is charged, and the granted stay decisions are notified to the relevant court and enforcement office via UYAP by analogy with EBL Art. 39/3 (First Instance Istanbul 11th E.C.D. 2022/79 ).
Stay of Execution Against Enforcement Court Decisions: When an appeal is made against enforcement court decisions, there can be differences in practice among local courts regarding whether Article 36 of the Enforcement and Bankruptcy Law (EBL) can be applied (some courts rejecting, some accepting) (Jurisdictional Disputes Court 2025/142 ).
Frequently Asked Questions
Mahkeme kararına karşı istinaf veya temyiz başvurusu yapılması icra işlemlerini durdurur mu?
Hayır. Türk hukukunda bir mahkeme kararına karşı istinaf veya temyiz yoluna başvurulması icra işlemlerini kendiliğinden durdurmaz. İcra işlemlerinin durdurulabilmesi için borçlunun İİK m.36 kapsamında icranın geri bırakılması (tehiri icra) kararı alması gerekir. Bu karar alınmadıkça icra müdürlüğü haciz ve satış işlemlerine devam edebilir.
Tehiri icra kararı alabilmek için teminat göstermek zorunlu mudur?
Genel kural olarak evet. Borçlu, hükmolunan para veya eşyayı karşılayacak miktarda teminat göstermek zorundadır. Teminat nakit olarak yatırılabileceği gibi banka teminat mektubu, taşınmaz rehni veya bazı durumlarda haczedilmiş mallar da teminat olarak kabul edilebilir. Ancak devlet veya adli yardımdan yararlanan kişiler teminat göstermekten muaf tutulabilir.
Tehiri icra hangi icra takiplerinde uygulanabilir?
Tehiri icra kurumu yalnızca ilamlı icra takiplerinde uygulanabilir. Yani mahkeme kararına dayanan icra takiplerinde kullanılabilir. İlamsız icra takiplerinde ise borçlunun teminat göstererek icranın durdurulmasını istemesi mümkün değildir. İlamsız takiplerde borçlunun başvurabileceği temel yol ödeme emrine itirazdır.
Stay of Execution (Postponement of Execution) Information Note
1. Basic Conditions (EBL Art. 36, CPC Art. 350, 367)
Application for Legal Remedy: The debtor must have applied for an appeal or cassation against the judgment.
Provision of Collateral: The debtor must provide collateral in an amount sufficient to cover the awarded money or goods. Collateral may be cash, a bank guarantee letter, real estate mortgage, shares, or bonds.
Exceptions:
A decision for the stay of execution cannot be rendered for alimony provisions (EFL art. 36/4).
Those benefiting from State or legal aid are exempt from providing security (EFL art. 36/2).
For judgments that cannot be enforced before becoming final (such as judgments concerning the nature of immovable property, family law, and personal law, etc.), there is no need for a stay of execution procedure; these decisions cannot be enforced by law unless they become final (CCL art. 350/2, 367/2).
2. Application Procedure and Stages
Obtaining a Stay Certificate: The debtor submits the document proving they appealed (endorsement) and the security to the enforcement office. The enforcement director grants the debtor “an appropriate period” (stay certificate) to obtain a decision from the enforcement court (EFL art. 36/1).
Enforcement Court Decision: The debtor, with the stay certificate they received, applies to the enforcement court of the place where the proceeding took place, requesting a decision for the stay of execution. The court renders its decision after reviewing the suitability of the security.
Notification of the Decision: The enforcement court’s decision is notified to the court that rendered the judgment and the enforcement office. After this stage, enforcement proceedings halt until the higher court’s decision.
3. Effect of the Higher Court’s Decision and the Fate of the Security
Affirmation/Rejection on Merits Decision: If the Regional Court of Appeals rejects the appeal on its merits or if the Court of Cassation affirms the decision, the security is paid directly to the creditor (EFL art. 36/5). If an appeal to the Court of Cassation is open, the effect of the stay of execution continues until the appeal period expires.
Annulment/Revocation Decision: If the judgment is annulled or revoked, enforcement proceedings stop as they are (ECA art. 40/1). Whether the security will be returned is decided by the court that will examine the merits after the annulment (ECA art. 36/5).
Restitution of Enforcement: If the judgment is annulled after being enforced and it is confirmed that the debtor has no debt, the enforcement proceedings are restored to their previous state without the need for a separate ruling (ECA art. 40/2).
4. Points to Consider
Change in Jurisdiction: With Law No. 7343 dated 24/11/2021, the decision-making authority is no longer higher courts but enforcement courts.
Time Limit: Article 36 of the ECA does not stipulate a definitive preclusive period for a request for postponement of enforcement; it can be requested at any stage of the proceedings (until the money is paid to the creditor).
Statute of Limitations: If the statute of limitations occurs in the period after the finalization of the proceedings, a postponement of enforcement can be requested from the enforcement court in accordance with Articles 33/a and 71 of the ECA.
Why is Expert Lawyer Support Necessary?
The postponement of enforcement procedure is a highly technical and multi-stage process from the perspective of enforcement law. In practice, debtors often make mistakes regarding issues such as the type of security, the duration of the grace period certificate, the timing of the application to the enforcement court, or the scope of the security. Such errors can lead to the inability to stop enforcement proceedings and the seizure of the debtor’s assets.
Therefore, it is important that applications for stay of execution against enforcement proceedings are evaluated by an experienced Istanbul lawyer. Especially a lawyer working in the field of enforcement law can ensure that the file debt is calculated, the collateral is determined, and applications to the enforcement court are prepared correctly.
Operating in the fields of enforcement law and commercial disputes, 2M Law Firm provides legal consultancy services for enforcement proceedings based on court judgments, seizure procedures, and requests for stay of execution. The team of Istanbul lawyers and Tuzla lawyers working within the office provides support to its clients regarding the suspension of enforcement proceedings during the appeal and cassation stages, collateral procedures, and the management of enforcement court processes.
Since erroneous actions in enforcement files can lead to serious consequences for the debtor’s assets, the process being managed by an experienced Tuzla lawyer or Istanbul lawyer is of great importance for preventing loss of rights.
