THE PRELIMINARY INJUCTION AND PRECAUTIONARY ATTACHMENT WHICH ARE PRONOUNCED IN THE PRESENCE OF PARTIES 06 November 2020
Is it possible to apply for an appeal within the framework of the new HMK against the preliminary injunction and precautionary attachment decisions which are pronounced in the presence? What has changed with the new HMK?

As explained in the article of law, preliminary injunction and precautionary attachment decisions are temporary protection measures given on the subject of dispute in cases where it is worried that obtaining the right will be significantly difficult or completely impossible due to a change that may occur in the current situation, or that there will be an inconvenience or serious damage due to delay.
Preliminary injunction and precautionary attachment decisions, which are highly preferred in legal practice and are considered as temporary protection measures, have been regulated differently in the former and new law in terms of objection procedures and the possibility of requesting an appeal. In the Article 107 of the abolished Code of Civil Procedure numbered 1086 (“HUMK”), it is stipulated that an appeal can be made to the court that made the decision against the preliminary injunction and precautionary attachment orders given in the absence of the party. However, in the aforementioned abolished law, there were not a regulation regarding the appeal against the precautionary injunctions. Therefore it can be said that it is not possible to appeal against these decisions.
It should be noted that in the Article 107 of the abolished HUMK, the preliminary injunction and precautionary attachment decisions have not been included in the decisions which can be appealed. For this reason, according to the abolished HUMK, there is no possibility of appeal against the preliminary injunction and precautionary attachment decisions. However, an objection procedure has been regulated for the decisions given in the absence of the party. Therefore, it is not possible to apply for any appeal procedure in our former law in relation to the preliminary injunctions both which are pronounced in the presence of the party and given in absence. It is only possible to apply an objection against injunction decisions that were given in the absence. There is no regulation that can be used to object the preliminary injunctions and precautionary attachment decisions given in the face of the party.
Therefore, there was a serious confusion before the new law entered into effect, as there was no unity of case law on this issue. The nature of preliminary injunction and precautionary attachment orders is explained in detail in Article 397 of the Code of Civil Procedure numbered 6100, which is our new procedural law. In the Article 394 of the law, it is stated that an objection can be made against the preliminary injunction decisions taken without hearing the other party and an appeal can be made against the decision on the objection. Even if it is thought that the objection or appeal procedure against the preliminary injunction and precautionary attachment decisions given in the face is not possible when the relevant law article is read, but in Article 341 of the new Code of Civil Procedure, which was not in the former law, it is provided that it is possible to appeal the preliminary injunction and precautionary attachment orders given in the other party's presence.
Therefore, it can be seen that our new law clearly stated that, contrary to the old law, a legal remedy of appeal may be applied against the preliminary injunction decisions given in the face, with the phrase added to Article 341 of the HMK. Therefore, the problem of appealing the preliminary injunction and precautionary attachment decisions given in the presence, which caused confusion at the time of the abolished HUMK, has been completely resolved with the new regulation, Article 341.
In conclusion, in the abolished law numbered 1086, no possibility of appealing the preliminary injunction and precautionary attachment decisions given in the face is regulated. In the relevant law, it is only stipulated that an objection can be filed against preliminary injunction decisions given in absence of the party. This legal gap in the law has caused a lot of confusion. Our new law numbered 6100 has put an end to this confusion by clearly declaring that it is possible to apply for appeal against preliminary injunction and precautionary attachment decisions, which are pronounced in the face in Article 341 of the HMK. Therefore, there is no difference of opinion on this matter anymore, and an appeal can be made against the preliminary injunction or injunction decisions pronounced in the face.
Other News
-
9.7.2025
Climate Law Enacted
The Climate Law No. 7552 ("Law"), which includes regulations on the procedures and principles related to the reduction of greenhouse gas emissions in the fight against climate change, climate adaptation activities, planning and implementation tools, revenues, permits and inspections, and the legal and institutional framework surrounding these, was published in the Official Gazette dated July 9, 2025, No. 32951, and entered into force. This Law sets out general principles and objectives from a casuistic perspective, preferring to leave detailed and technical regulations to secondary legislation.
-
7.7.2025
Mediation Practices In The Land Registry
Pursuant to the amendments introduced by Law on Amendments to the Enforcement and Bankruptcy Law and to Certain Other Laws which was published in the Official Gazette dated 05.04.2023, numbered 32154 to the Law on Mediation in Civil Disputes dated 7/6/2012 and numbered 6325 ("Law"), the scope of disputes that may be resolved through procedural- mandatory- and voluntary mediation has been expanded.
-
27.6.2025
Effects Of The Concordatum Period On Pledgees
Pursuant to Article 285 of the Enforcement and Bankruptcy Law (EBL), a debtor who is unable to pay their debts on time or is at risk of default may request a concordatum. During the period granted to the debtor upon such request, no enforcement proceedings may be initiated, and ongoing proceedings are suspended, in accordance with Article 294/1 of the EBL.
-
18.6.2025
M&A Dynamics in Publicly Traded Companies: New Investment Strategies Through Borsa Istanbul
In recent years, IPOs in Turkey have reached record levels. In 2023 and 2024, a large number of companies started trading in Borsa Istanbul as a result of initial public offerings (IPO) transactions. These IPOs, which attracted great interest from small investors, stand out as important strategic moves in which companies gain transparency and visibility, and also play a role as an important financing tool. With IPOs, publicly traded companies / partnerships are now drawing the attention of not only small investors but also domestic/foreign strategic and financial investors.
-
16.6.2025
The Court Of Cassation Abandoned Its Long-Standing Precedent Regarding Construction Conracts In Return For Land Shares, Known As "Advance Deed"
Construction contracts in return for land shares are a common practice in the construction sector in Turkey.
-
11.6.2025
Amendments To The Regulation On Distance Contracts: Return Shipping Fees And Right Of Withdrawal For Electronics
With the Regulation Amending the Regulation on Distance Contracts ("Amending Regulation") published in the Official Gazette dated May 24, 2025 and numbered 32909, important amendments were made regarding distance sales. The key changes introduced by the Amending Regulation are as follows:
-
30.5.2025
Alimony Against Inflation: Adjustmen of Alimony and the Issue of Payment in Foreign Currency
Alimony for supplementary welfare allowance and child support awarded by court judgment as a result of divorce cases is generally fixed at a certain amount and either remains the same over the years or is increased only within limited rates determined by the court. Similarly, the provisional alimony determined during the litigation process can become insufficient over time due to the prolonged duration of the proceedings and high inflation; this significantly hampers the effectiveness of alimony enforcement.
-
23.5.2025
Right To Compassionate Leave: Duration, Implementation And Assessment
Legal Basis and Definition of Compassionate Leave: In situations where an employee is unable to perform their work obligation due to certain personal circumstances in which, pursuant to the principle of good faith, the employer cannot reasonably expect the employee to work, the employee must be deemed to be on justified leave. Compassionate leave was introduced by Law No. 6645 in 2015 and is regulated under Additional Article 2 of the Turkish Labour Law No. 4857.
-
20.5.2025
The Right to Be Forgotten in the Context of Search Engines
IWith the rapid advancement of technology, personal data is increasingly recorded in digital environments and can be stored for long periods of time. This situation causes individuals' past negative experiences or changing opinions over time to remain constantly accessible. In particular, search engines make personal data widely accessible by indexing results that appear when searching individuals by their first and last names. Within this context, the "Right to Be Forgotten" stands out as the right of individuals to request the deletion of their personal data or the restriction of access to it in digital environments.
-
16.5.2025
The Penalty Clause in Turkish Law, Reduction of the Penalty Clause, and Practial Interpretations
One of the fundamental concepts of contract law, "penalty clauses" function as an important security for the creditor in the event that the debtor fails to properly perform their obligation. As an extension of the principle of freedom of contract, the parties may agree in advance to the payment of a specific amount in case the obligation is not performed at all or not performed correctly, thereby encouraging performance and easing the burden of proof for any damages that may arise.
-
13.5.2025
A Review on US Customs Tariffs and Its Impact on M&A Transactions
US President Donald Trump recently announced a "declaration of economic independence". Accordingly, a reciprocal tariff on all countries came into force. The tariff rate for Turkey was set at 10%, i.e. the minimum rate.
-
12.2.2025
An EMRA Decision: Capital Increase Obligation for Electricity Market Companies in Share Transfers to Foreign Investors
1. Current Regulation The Energy Market Regulatory Authority ("EMRA" or the "Authority") regulates the transfer of shares in the capital of companies operating in the electricity market under Article 57 of the Electricity Market Licence Regulation ("Regulation").
-
29.1.2025
Turkish Competition Board Mergers And Acquisitions Outlook Report For 2024 Has Been Published
On January 7th, 2025, the Turkish Competition Authority has published the Report prepared by the Competition Board on Mergers, Acquisitions And Privatisation Transactions in 2024 ("Report").
-
22.11.2024
The Procedure of Sale by Auction and The Legal Aspect of New Regulations Brought by the 9th Judicial Package
By new regulations brought by the 9th Judicial Package, a new legal frame for the sale of seized goods electronically is instructed according to Enforcement and Bankruptcy Law Article 111/b. Transactions about the sales of seized goods are made via a sale portal integrated with the National Judicial Network Information System (UYAP) by auction. However, because of the legal gaps of the law, an application about the sale transactions cannot be displayed. The amendments introduced by legislators to the law regarding electronic sales in the 8th and 9th Judicial Packages, as well as the newly established regulations, are considered an important step toward making foreclosure processes faster and ensuring that sales transactions are conducted in a safer and more transparent environment.
-
15.11.2024
Law Numbered 7531 On Amendments To Certain Laws Was Published
Law1 No. 7531 on the Amendment of Certain Laws ("Law"), also known as the 9th Judicial Package, was published in the Official Gazette dated 14.11.2024 and numbered 32722 and contains significant amendments to 17 different laws.