Federal Supreme Court Cassation Decision on Judicial Mortgage

The Federal Supreme Court Cassation Bench on Cassation File No 173079 on August 5, 2020 has entered a judgment. The Cassation Bench was composed of seven judges. The judgment rendered by the Cassation bench states that judicial mortgage (Article 3044 of the Civil Code) and priority right to any other creditor shall not be created by attachment of property (Article 151 of the Civil Procedure Code) or by temporary injunction order(Article 154 of the Civil Procedure Code) given at any stage of the suit before judgment. This interpretation by the Cassation Bench is a reversal of the previous Cassation Bench interpretation given on Cassation File No 97206 decided on August 4,2014 and Cassation Bench File No 29269 decided on 26 October 2007. The Cassation Bench judgment is a biding judgment on all levels of federal and regional courts.

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