Absence Of Litigation Requirement In Action For Annulment Of Objection

I. INTRODUCTION

When a creditor applies to the enforcement office, either orally or in writing, for the recovery of a debt, if the subject of the enforcement is based on a promissory note, the date and summary of the note must be included in the enforcement request. If the enforcement is not based on a promissory note, the cause of the debt must be specified in the enforcement request. The case at hand involves a decision issued by the 3rd Civil Chamber of the Court of Cassation dated September 30, 2024, related to the execution proceeding initiated by Ankara 17th Enforcement Office under file number 2022/19255, based on violations of toll payments on highways and bridges. The Court of Cassation issued a significant ruling emphasizing the proper preparation of the payment order in enforcement cases and the issue of the lack of preliminary requirements for lawsuits in cancellation of objection cases. This decision serves as a guiding precedent, particularly