Arslan, RamazanSaldırım, Mustafa2022-05-122022-05-121996http://hdl.handle.net/20.500.12575/80228Cautionary attachment is the taking into legal custody of a defendant's property during the pendency of a dispute in court, whereby the property thus taken is conserved for eventual execution after judgement has been rendered. I have considered at some length this subject in my thesis. This work consists of three parts after the introduction. I have cosidered in the begining of the first part the definition of cautionary attachment, the meaning of it in legal term and the consequences of it. In spite of it is disputeable in doktrine that cautionary attachment is an executive transaction in the civil law, I have considered it such it is and with this cosideration I have examined the problems which may be arisen from cautionary attachment law. In the second half of this part I have intensified on my work the meaning of the term and the differences from other legal mutations likewise. In the practice the cautionary attachment generally is confused with the cautionary judgement. For this reason I have examined in deteail the differences of these two institutions. Particulary I have advised that at the compensation demands the courts should give the cautionary attachment desicion rather than cautionary judgement. In the second part of this thesis I have explained how to give the cautionary attachment desicion and the consequanting procedure. Also in this part, begining the conditions for giving cautionary attachment desicion I have explained the stages till the cautionary attachment desicion to become definite. At the last part I have touched upon the compensation cases about unfair cautionary attachment applications. This part is particularly important because it is not becessary to prove the demand definetely according to civil procedure law. I have tried to explain the contents and the conditions of compansation cases in two different ways: Dne for compensation of tangible damages, the other of intangible. At the last part of my thesis I have made a general summary about the cautionary attachment institution and I have disclosed my views and prepositions on the subject.trHukukmasterThesis