Enforcement & bankruptcy · Legal information

When a Jewellery Judgment Goes to Enforcement, Is It Read in Kind or in Money?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

When a jewellery judgment goes to enforcement, the in-kind line or the value line of the judgment is read. Delivery in kind and collection of money are not the same claim. If the two were written together, the order is in the sentence of the judgment. This order is not the general of a maintenance proceeding. A carat, a count, and a market price are not calculated in this text.

If the enforcement request wrote a path other than the path the judgment chose, the path that was written stands apart from the sentence. A path that stands apart does not take the place of the judgment. A path that does not pass does not close as a single amount on the cover either.

The return-in-kind line

If the judgment says return in kind by counting a particular bracelet, necklace, or number, the proceeding is read as directed at delivery of that item. The reading asks for the item to be delivered. Delivery is not another name of the money line. If there is no money line in the judgment, the in-kind sentence is not turned into a money sentence.

A piece that is not on the list is not added from the word jewellery. The word is not treated as having covered all the jewellery in the house. If an uncounted piece was written later into the enforcement request, the writing is compared with the judgment. If there is no counterpart in the judgment, a piece without a counterpart does not become the subject of this judgment. A value is not derived for a subject that does not exist either.

If the count or the carat is blank, the gap is not filled from the market. The gap is not completed from a jeweller's talk either. A gap that is not completed leaves uncertain what the delivery is a delivery of. A line that stays uncertain does not spread by itself onto a similar item in the debtor's hand. A line that does not spread is read as limited to the piece the judgment listed. If there is no list, a list is not written from this text.

If the judgment asks for the item from a particular person, the proceeding reads that person. A third person's house is not made a place of attachment from the word jewellery. If the place stands in the attachment writing in the file, it is read from that writing. If there is no writing, the place is not completed. If a gram or a weight was written in the judgment, what was written is kept. If it was not written, a photograph of a jeweller's scale does not build a weight.

A claim that the item is not in hand does not build a money claim from this judgment if there is no value line in the judgment. A separate action path is not opened here. A path that is not opened does not draw a result that the proceeding will be turned into a money file either.

A definite value and a blank figure

If the judgment wrote a definite amount, collection is at that amount. A market price is not added beside the amount. A price that is not added does not carry the market movement after the date of the judgment either. If there is no separate award in the file, the movement is not completed as an award.

If the judgment says value or market rate and did not write a figure, a figure is not produced in this writing. The word market rate does not take the place of a price list. If the list is not in the file, a list is not assumed. A jeweller's slip is not the line of the judgment. The slip does not fill a blank figure. Even if the date of the slip is after the date of the judgment, the slip does not become an operative part. A slip that is not an operative part cannot be shown as the basis of the amount on the cover.

If the judgment wrote both the carat and the count, both are kept. If one is blank, the one that stays blank is not derived from the full one. Deriving it does not put the measure of a similar piece on the market in place of the judgment. If the enforcement request asked for more pieces than the count written in the judgment, the extra piece is not read from the sentence. An incomplete request does not erase the other piece in the judgment. A piece that is not erased is not melted inside a single value on the cover. A list that is not melted does not upset the order of the in-kind path and the money path either.

If interest is asked for, the interest is read as limited to what is written in the judgment. If the judgment is silent, an interest line is not added from this text. A line that is not added is not derived from the delay of delivery in kind either. The derivation does not turn a delivery order into a money file.

If the two paths were written together

In a sentence in the form of in kind, and if it is not there, its value, which path was written first is read from the judgment. The path written first is the condition of the later one. If the condition is not in the sentence, the condition is not completed. A condition that is not completed does not permit the proceeding to choose only the second path. The permission comes from the sentence of the judgment. If the sentence does not come out, the claim will have chosen a path different from the judgment. The difference is seen from the line. Whether the path will be accepted is not declared in this text.

If the enforcement request chose only the value, the condition of the in-kind path is seen from the sentence in the judgment. The condition can be a writing such as the item not being found, or delivery not being possible. If there is no writing, the absence is not filled as not possible. An absence that is not filled does not open the value line by itself.

If delivery in kind took place, the value is not asked for separately from this line. While there is no delivery minute, delivery is not assumed. If the value was paid, a second in-kind claim for the same item is read separately from the sentence of the judgment. This text does not build a second file. A second file that is not built does not mean a refund of the first collection either. A refund is read from the record if there is a record in the file relating to it.

A piece outside the list is not added

If the judgment made a list, each piece on the list stands with its own name. If a bracelet was written on the list and a ring was also asked for in the proceeding, the ring is looked for on the list. If it is not on the list, the ring is not added from the jewellery heading. A carat is not written for a piece that is not added either. A carat that is not written is not copied from a similar piece.

If the list wrote a count, the count is the number in the judgment. The number is not enlarged with an extra piece in the house. A number that is not enlarged is not turned into a value by itself in an incomplete delivery either. The turning is read from that sentence if the judgment has a value sentence. If there is no sentence, a missing piece does not give birth to a money line.

If a photograph or an invoice was attached to the judgment, the attachment does not take the place of the list. The attachment can describe the piece. The description does not make a piece that is not in the operative part into a judgment. An attachment that does not bring it is not stuck onto the enforcement request. If an attachment was stuck on, the attachment is read side by side with the operative part. If it is not in the operative part, the attachment is not a new award.

The delivery minute and the collection record

On the in-kind path, delivery appears with a minute. The minute should write which piece was given. If it does not write it, the delivery is not treated as having closed the whole of the list. A piece that is not closed is not completed from the signature of the minute. The signature does not make an unwritten piece given either.

On the money path, collection appears with a cashier slip or a receipt. The slip should show whether it closed all of the amount in the judgment, or part of it. If it does not show it, the slip is not treated as having closed both the in-kind path and the value path at once. A path that is not closed is not derived from the description on the slip.

A partial delivery and a partial payment are not the same transaction. One takes the item as its subject, the other the amount. If the two stand at the same time, both are kept. The two records that are kept are not forced into a single closing. Records that are not forced do not change the order of the judgment either. The order stays as it was written in the judgment.

If the judgment counted more than one piece and part was delivered, the minute should write the name of the piece that was delivered. A piece whose name was not written is not treated as delivered. For a piece that is not counted, the value will not have been asked for from this file if there is no separate sentence in the judgment. A value that appears to have been asked for does not close as the price of the piece that was delivered either. A value that does not close is not filled from a jeweller's slip. If the slip stands in the file, its standing is read side by side with the list of the judgment. Workmanship or a repair price that is not on the list is not added inside the jewellery award.

How the judgment will be tied when the debtor dies is in the writing on enforcement proceedings when the debtor dies. Death does not turn the in-kind line into a money line. A death that does not turn it does not reduce, or increase, the piece on the list either.

It stands apart from a maintenance proceeding

Monthly maintenance is not the line of the jewellery judgment. The deduction and the accumulated month are in the writing on enforcement of a maintenance debt. This text does not copy that method. Which sentence of the divorce protocol was put into enforcement is also separate from the jewellery line. The whole of the protocol is not opened here. A protocol that is not opened is not put in place of the jewellery list.

Attachment of the spouse's property is not delivery of the jewellery judgment. That question is in the writing on attachment of the spouse's property. If the person in the judgment and the person in the attachment are not the same, the writing on enforcement opened against the wrong person separates the identity. The identity separation does not change the in-kind line. The frame is on the enforcement and bankruptcy law page.

The operative part is shown with that section of the judgment in a contact application. While there is no section, a path is not chosen.

Conclusion

The in-kind line of the judgment and the value line are read apart. A general maintenance proceeding is not the name of this line. If the figure is not in the judgment, it is not completed with a price. A piece that is not on the list is not added. While there is no delivery minute, delivery is not assumed. The basis is the text of the Enforcement and Bankruptcy Law No. 2004.

Legislation

Frequently asked questions

If the judgment says only in kind, can the value be asked for?

This judgment's line does not build a money claim. If only money was chosen while there is an in-kind line, the claim is a path different from the sentence. The result of the path is not declared in this text. If there is no value line, a value is not produced with a price.

If there is no amount on the value line, is the gold price calculated here?

No. If the judgment did not write a figure, a figure is not produced in this text. A jeweller's slip is not the line of the judgment. There is no rate and no current price.

If in kind and value are written together, which is read first?

The order is in the sentence of the judgment. If the enforcement request chose only the value, the condition of the in-kind path is seen from that sentence. If the condition is not in the sentence, a condition is not invented.

Is a jewellery judgment the same proceeding as a maintenance file?

It is not. The method of deduction and accumulated months of monthly maintenance is in the writing on enforcement of a maintenance debt. This text reads the in-kind line and the value line.

If there is no list in the judgment, is the count completed?

It is not. A piece that is not on the list is not added from the word jewellery. If the count or the carat is blank, the gap is not filled from the market.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

A consultation

We can look at the matter with you. The path depends on the documents. This is not a promise about the result.

Call