Antalya LawyerBarış Erkan Çelebi and his Antalya Law Firm provide litigation, follow-up, conclusion, settlement and management of disputes and handles alternative dispute resolution methods for the most advantageous and convenient settlement of all legal disputes.
One of the most frequently occurring disputes is the unjustified enrichment of the other party. For details on unjustified enrichment, please check this LINK.
There are fundamental principles governing the Turkish procedural law. These principles have been adapted by modern German and Swiss the foundation of which are based on ancient Roman Law.
PRINCIPLE OF CLAIM
Principle of claim means that the judge is bound by the claims of the parties and may rule only to the extent of their claims. The judge may not rule beyond the claim or anything other than the demands of the parties, but may rule less than the claim amount.
RIGHT TO LEGAL HEARING
All parties, intervenors and all those involved in the proceedings are entitled to the right to legal hearing.
PRINCIPLE OF PUBLICITY
In accordance with the principle of publicity, hearings and judgments are open to the public. Article 141 of the Constitution states that the hearings in the courts are publicly held.
However, in exceptional cases, for example in divorce cases, upon such a request the judge may rule on the confidentiality of the hearing.
PRINCIPLE OF NON-INTERFERANCE
The principle of non-interference refers to that the judge reviews, evaluates and rules on the case material without a third party intervening. The court which rules on the merits of the case is the same court which evaluates the case material.
The most important exception to this principle is the discovery or hearing of witnesses by the hand of another judge in another jurisdiction.
PRINCIPLE OF PROCEDURAL ECONOMY
In accordance with the principle of procedural economy, 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.