The 12th Civil Chamber of the Court of Cassation has ruled that it is not necessary to wait for a divorce decree to become final in order to initiate enforcement proceedings for jewelry claims decided upon alongside a divorce case. The decision serves as a precedent for similar disputes.
According to the case file, a dispute arose between the parties in the divorce process regarding wedding jewelry and gold. Following the 1st Family Court's decision regarding the jewelry claim, the wife initiated enforcement proceedings based on the court ruling against the husband.
The husband applied to the Enforcement Court, arguing that the divorce decree had not yet become final and that, therefore, claims tied to the divorce ruling could not be demanded. The court rejected the complaint. The decision remained unchanged during the appellate review.
The 8th Civil Chamber of the Regional Court of Justice assessed that the jewelry claim does not create a change in the family or personal status of the parties, but is merely an independent performance provision affecting assets. The Chamber stated that, for this reason, the provision regarding the return of jewelry cannot be considered an accessory to the divorce decision.
In its decision, the Regional Court of Justice recalled that compensation, attorney fees, and litigation costs, which are considered accessories to a divorce ruling, cannot be subject to enforcement before becoming final. However, it made a different assessment regarding jewelry claims, emphasizing that these claims can be put into enforcement without requiring the condition of finality.
The 12th Civil Chamber of the Court of Cassation, which reviewed the file on appeal, found the Regional Court of Justice's decision to be appropriate. The High Court ruled to uphold the decision on the grounds that jewelry claims result in consequences related to assets independent of the divorce decree.
News Source: 12punto
