DEMAND CONDITION FOR AWARDING EXECUTION COMPENSATION AND ITS EVALUATION IN REGARD TO THE PRINCIPLE OF BEING BOUND BY THE SCOPE OF DEMAND

According to the principle of being bound by the scope of demand which rules the law of civil procedure, the judge is bound by the demand of the parties to the case, can not decide on anything other than the request or demand but according to the case, he is able to decide less than result of demand (Code of Civil Procedure, Art. 26). The essence of enforcement law is that judge cannot award without demand, as well. However, it is essential to indicate that this basic principle is not valid in some regulations related to execution compensation in the enforcement law. Since, in some provisions related to execution compensation in the Code of Execution and Bankruptcy, related parties do not need to request execution compensation for awarding execution compensation. When the other conditions of the awarding execution compensation that is stated in the Law occur, the court bring in a verdict of execution compensation automatically. In this study, it is trying to be examined associated with the principle of being bound by the scope of demand whether the demand condition is essential or not in awarding execution compensation in provisions related to execution compansation in the Code of Execution and Bankruptcy