The Prob­lem of Non-Execution of the Pre­cau­tion­ary At­tach­ment De­cision Taken during the En­force­ment of For­eign Court De­cisions

De­vel­op­ment sum­mary

Zeynep Derya Tarman’s art­icle, pub­lished on 25 August 2024, ad­dresses the con­di­tions under which a pro­vi­sion­al at­tach­ment order may be ob­tained during the en­force­ment of a for­eign court judge­ment and why such an order may prove in­cap­able of ex­e­cu­tion. It ex­am­ines the PIL Code and the En­force­ment and Bank­ruptcy Law, fo­cus­ing on the dis­puted treat­ment of a claim not yet en­forced in the en­force­ment suit, the effect of Art­icle 57(2) of the PIL Code on the sup­ple­ment­ary steps for pro­vi­sion­al at­tach­ment, and wheth­er a second se­cur­ity de­pos­it is re­quired under Art­icle 259 of the En­force­ment and Bank­ruptcy Law where se­cur­ity has already been given under Art­icle 48, along­side Court of Cas­sa­tion case-law.