In short
A deed that acknowledges a money debt and is prepared by a notary in the form drawn up by the notary is subject to the provisions on the enforcement of judgments. The creditor opens enforcement on a judgment with this document. An enforcement order goes to the debtor. A paper on which the notary only authenticated the signature, a promissory note and an invoice do not stand in for this deed. The document does not give rise to a final judgment like a court judgment either.
A stamp of authentication does not make the deed a judgment so that it will pass by itself. If there is no acknowledgement, or if the debt is not money, the door of enforcement on a judgment does not open. If the contract does not write the money debt openly, an amount is not added to the request for enforcement. The amount is read from the text of the deed.
Drawing up and authenticating
In a deed in the form drawn up by the notary, the notary draws up the text of the document. The parties acknowledge the money debt in this text. A sale of immovable property, the certification of a letter of guarantee, or a stamp that it is the same as the copy, is not an acknowledgement of a money debt. A register record does not by itself show that the deed was made in the form drawn up by the notary. The register may support the identity of the party. The notary record separates which page is a drawing up and which is an authentication.
Authentication shows that the signature under a paper the persons wrote themselves belongs to them. This authentication does not make the paper a judgment. If the creditor opens enforcement on a judgment with an ordinary note that was authenticated, the office may refuse the request, or the step may stay open to a complaint. That paper, if the conditions are met, goes to a general attachment without a judgment. The text without a judgment stands under a request for enforcement without a judgment. How enforcement on a judgment is given to the office stands under enforcement on a judgment. The person who receives the enforcement order does not choose a path of objection without reading the type of deed the order rests on.
A promissory note and an invoice are separate papers
A promissory note, a bill of exchange and a cheque are negotiable instruments. Their being run because they were seen by a notary does not turn them into the acknowledgement deed the Enforcement and Bankruptcy Law counts as a judgment. The special path stands under negotiable-instrument enforcement. A deed that entered the wrong path confuses the regime of objection. An invoice shows the price of goods or of a service. An invoice is not an acknowledgement deed in the form drawn up by the notary. Even if the signature under the invoice is authenticated, the invoice does not become a judgment.
A court judgment carries a final judgment. A notarial deed in the form drawn up by the notary is enforced like a judgment, but it does not carry the same final judgment. The decision does not read the deed being enforced like a judgment as meaning the debt can never be debated. The petition should show which page of the deed it rests on. If there is no page, the path is not chosen.
The door of a negative declaration
The debtor may debate, with a negative declaratory action, a fact that vitiates the will of the deed. The action is not opened by saying I objected to the enforcement order. The frame of a negative declaration stands under a negative declaratory action. The petition of the action should write which sentence of the deed does not reflect the will. The deed is not treated as invalid before the sentence is shown. A minute may write that the parties were before the notary at the moment the deed was drawn up. If there is no minute, a sentence that I was not there at that moment does not stand in for the notary record.
The time for payment in the enforcement order is read from the record on the order. The time is not added to this text. When the time runs out, an attachment is asked for separately. The deed being enforced like a judgment does not place the attachment by itself. The application does not build a day of attachment before the record of service of the order is seen.
Limitation is not ten years
The statute ties enforcement based on a notarial deed, according to the character of the deed, to the limitation in the law of obligations or in commercial law. The ten years from the last step of enforcement based on a judgment does not stick onto this deed automatically. The clock of ten years stands under limitation of a judgment. The deed's own period is read from the type of the claim. It is not said, before the type is read, that a notary saw it and there are ten years. The type of the claim comes out of the subject of the deed and of the capacity of the parties. If the type is not written, a period is not invented.
Where the notarial deed is read from
The page that was drawn up and the stamp of authentication stand side by side, and this article does not add a period that is not written in the file. Counsel in Ankara reads from the record of the deed that the office being in Çankaya does not change the competent enforcement office on a notarial deed. This article does not count authentication of a signature as an acknowledgement in the form drawn up by the notary. This article does not put a promissory note in the place of this deed.
Conclusion
A notarial deed in the form drawn up by the notary, and with an acknowledgement of a money debt, enters enforcement on a judgment. An ordinary note with an authenticated signature, a promissory note and an invoice are not this document. A final judgment does not arise. The door of a negative declaration stays open if the conditions are met. The frame stands on the enforcement and bankruptcy page. The official basis is the provision on documents having the quality of a judgment in Enforcement and Bankruptcy Law No. 2004. The path is not chosen without the page of whether the deed is a drawing up or an authentication.