Critique and Analysis of a Binding Precedent Issued by the Supreme Court No.794.99 (The possibility of Annulment of Writ of Execution Issued in the Benefit of Bank and its Effects)

The binding precedent No. 794-99 handed down by the Supreme Court indicates that taking more than legal regulations by the bank as a condition contrary to public policy is not acceptable even in the form of Article 10 of the Civil Code.What is inferred from this decision is that the contract remains in force but the condition of charging extra interest is invalid.In this case, is it possible to conclude that on the assumption that the mortgage in question remains in force the rest of the effects of the contract, i.e. the issued writ of execution, the holding of an auction and the sale of collateral property is considered to be valid. Or is it the case that the above-mentioned condition annuls the writ of execution, and invalidate holding an auction in case it has taken place, and even the transference of the collateral property to the winner of the auction?This article pursues the examination of this issue by looking at some decisions issued.