Dispute Resolution by Litigation
PRINCIPLES REGARDING CIVIL JURISDICTION LAW
In criminal procedure law, material reality is sought, while in civil procedure law, formal reality is sought. In other words, the judge is bound by facts which can be duly proved. The simplest example of this rule is the proof rule. If one of the parties submits a deed as evidence, the presumption that the debt is in debt without investigating whether the debt is real or not.
PRINCIPLE OF SAVINGS
In accordance with the principle of austerity set out in Article 24 of the Code of Civil Procedure, the judge shall be bound by the request of the parties when examining and deciding the case. In accordance with the principle of saving, the parties to the case have the power to influence the subject matter and the course of the proceedings. This authority shall continue in the form of deciding the subject of the lawsuit as well as after the lawsuit is opened.
PRINCIPLE OF EX OFFICIO ACT
The principle of Ex officio Act means that the judge can rule without a request from the parties. In other words, the judge can make some decisions in the case opened without asking the parties.
The collection of evidence of the case, judicial expenses, taking measures, protection of the child in divorce cases, the right of custody of the minor, the assets of the minor and so on. the judge has the authority to take action personally.
PRINCIPLE OF BRINGING BY PARTIES
According to this principle, the material of the case is brought by the parties.
The judge must decide according to the materials brought by the parties; cannot request and bring another case material.
The material of the case is the claims, defense and evidence of the parties.
PRINCIPLE OF EX OFFICIO RESEARCH
It is against the principle of being brought by the parties. Refers to bring the case material by the judge.
Divorce, paternity case, the whole marriage, correction of population registration, cadastral case, postponement of bankruptcy, custody abolition, lawsuits in the public order, such as the correction of the title of the principle of the investigation is valid.
In cases where this principle is applied, the ban on changing and extending the claim and defense is not applied, no evidence contract can be made and the second list of witnesses can be given.
PRINCIPLE OF CLAIM
Principle of claim means that the judge is bound by the demands of the parties and can decide according to the demands. The judge cannot decide more than the demand or anything other than the demand, but can decide less than the demand.
RIGHT OF LEGAL HEARING
In comply with the parties to the case, interventions and all those involved in the proceedings shall have the right to a legal hearing.
PRINCIPLE OF PUBLICITY
In accordance with the principle of publicity, hearings and decisions are open to the public. Article 141 of the Constitution states that the hearings in the courts are open to everyone.
However, in exceptional cases, for example in divorce cases, the judge can make a confidentiality decision upon request.
PRINCIPLE OF NON-INTERFERANCE
It means that the judge reviews, evaluates and decides the case material without a third party intervening. The court that will decide on the merits is the court that will also evaluate the case material.
The most important exception to this principle is the discernment, that is, the discovery or listening of witnesses with the hand of another judge in areas other than the authority of the judge.
PRINCIPLE OF PROCEDURE ECONOMY
In accordance with the principle of procedural economics, the judge shall take the necessary measures to ensure that the proceedings are carried out regularly and on a reasonable basis and that no unnecessary expenses are incurred.
Antalya Lawyer Barış Erkan Çelebi provides litigation, follow-up, conclusion, settlement and management of disputes and other dispute resolution services for the settlement of any commercial disputes.