Turkish Code of Civil Procedure

PART ONE

General Provisions

CHAPTER ONE

Determination of Duty, Authority and Jurisdiction

FIRST DISCRIMINATION

Duty

Determination and nature of the task

ARTICLE 1- (1) The duties of the courts are regulated only by law. The rules regarding their duties are from public order.

Duties of civil courts of first instance

ARTICLE 2 – (1) The court competent for cases concerning property rights and cases concerning personal assets, regardless of the value and amount of the subject matter of the case, is the civil court of first instance unless otherwise regulated.

(2) Unless otherwise regulated in this Law or other laws, the civil court of first instance has jurisdiction over other cases and matters.

Duty in cases of compensation for damages arising from death or loss of bodily integrity

ARTICLE 3- (Cancelled: By the Constitutional Court’s decision dated 16/2/2012, numbered E.: 2011/35, K.: 2012/23.)

Duties of the Civil Courts of Peace

ARTICLE 4 – (1) Civil courts of peace, regardless of the value or amount of the subject matter of the case;

1. a) All disputes, including claims arising from the tenancy relationship, and lawsuits filed against these lawsuits, except for the provisions regarding the eviction of rented real estate through non-judicial execution pursuant to the Execution and Bankruptcy Law No. 2004 dated 9/6/1932,
2. b) Lawsuits regarding the distribution of movable and immovable property or rights and the dissolution of partnership,
3. c) Cases that are solely for the protection of possession in movable and immovable properties,

ç) Cases for which this Law and other laws assign the jurisdiction of a civil court of peace or a civil judge of peace,

they see.

SECOND DIFFERENCE

Authority

General rule

ARTICLE 5 – (1) The jurisdiction of the courts is subject to the provisions of this Law, without prejudice to the provisions regarding jurisdiction in other laws.

Court of general jurisdiction

ARTICLE 6 – (1) The court with general jurisdiction is the court of the place of residence of the defendant real or legal person on the date the lawsuit is filed.

(2) The place of residence is determined in accordance with the provisions of the Turkish Civil Code No. 4721 dated 22/11/2001.

Authority if there is more than one defendant

ARTICLE 7 – (1) If there is more than one defendant, the case may be filed in the court of the place of residence of one of them. However, if a court with common jurisdiction over all the defendants is specified in the law according to the cause of action, the case shall be heard in the court of that place.

(2) In cases where there is more than one defendant, if it is understood through evidence or indications that the case was filed for the sole purpose of bringing one of the defendants to a court other than his/her place of residence, the court, upon the objection of the defendant concerned, shall separate the case regarding him/her and give a decision of lack of jurisdiction.

Authority to file lawsuits against temporary residents of a place

ARTICLE 8 – (1) In cases of debt or movable property lawsuits filed against people temporarily residing in a place, such as civil servants, workers, students, soldiers, etc., if their stay there may continue for a long period of time, the court of the place where they are located also has jurisdiction.

In case of no settlement in Türkiye, the authority

ARTICLE 9 – (1) The court of general jurisdiction for those who do not have a place of residence in Turkey, The court of the place where the defendant has his habitual residence in Türkiye is located. However, subject to other special jurisdictions, a lawsuit regarding property rights may also be filed in the place where the property element in dispute is located.

Jurisdiction in cases arising from contracts

ARTICLE 10 – (1) Lawsuits arising from the contract may also be filed in the court of the place where the contract will be performed.

Jurisdiction in cases arising from inheritance

ARTICLE 11 – (1) In the following cases, the court of the deceased person’s last place of residence has final jurisdiction:

1. a) Lawsuits regarding the division of the estate, the invalidity of the division agreement, the cancellation and reduction of testamentary dispositions, entitlement due to inheritance, and lawsuits arising from the administration of the estate between the heirs.
2. b) All lawsuits to be filed against the heirs until the final division of the estate.

(2) A lawsuit for entitlement to be filed regarding a property in the estate may be filed wherever the property was located at the time the estate was recorded and determined.

(3) In cases regarding the cancellation of the certificate of inheritance and the issuance of a new certificate of inheritance, the court where each of the heirs resides also has jurisdiction.

Jurisdiction in cases arising from real property

ARTICLE 12 – (1) The court where the real estate is located has absolute jurisdiction in cases related to real rights on real estate or that may lead to a change in real right ownership, and in cases related to the possession or detention of the real estate.

(2) Lawsuits regarding easement rights are filed in the court of the place where the real estate on which the easement right is established is located.

(3) If these lawsuits concern more than one real estate, they can be filed against the others at the location of one of the real estates.

Jurisdiction in counterclaim

ARTICLE 13 – (1) In cases where there is no absolute jurisdiction, the court hearing the main case is also authorized to hear the counterclaim.

Authority in cases related to branches and legal entities

ARTICLE 14 – (1) In cases arising from the operations of a branch, the court where that branch is located also has jurisdiction.

(2) The court where the head office of the relevant legal entity is located has absolute jurisdiction for the lawsuits filed by private law legal entities against a partner or member, or by a partner or member against others in this capacity, provided that they are limited to partnership or membership relationships.

Jurisdiction in cases arising from insurance contracts

ARTICLE 15 – (1) Lawsuits arising from damage insurance may be filed at the location of the property if the insurance relates to an immovable property or a movable property that is required or stipulated to be fixed in a place due to its nature; or at the location where the risk occurs if the insurance relates to a movable property that is not required or stipulated to be fixed in a place.

(2) In life insurance, the court of the place of residence of the policyholder, the insured or the beneficiary has absolute jurisdiction in the lawsuits to be filed in their favor or against them.

(3) This provision does not apply to cases arising from marine insurance.

Jurisdiction in cases arising from tort

ARTICLE 16 – (1) In lawsuits arising from tort, the court of the place where the tort was committed or the damage occurred or is likely to occur or the place of residence of the injured party is also competent.

Authority agreement

ARTICLE 17 – (1) Merchants or public legal entities may contractually authorize one or more courts regarding a dispute that has arisen or may arise between them. Unless otherwise agreed by the parties, the lawsuit shall be filed only in these courts determined by the contract.

Conditions for validity of the authorization agreement

ARTICLE 18 – (1) A jurisdiction agreement cannot be made in matters over which the parties cannot freely dispose and in cases of absolute authority.

(2) In order for the jurisdiction agreement to be valid, it must be made in writing and the legal relationship from which the dispute arises must be specific or determinable. and the competent court or courts must be indicated.

Raising an objection to jurisdiction

ARTICLE 19 – (1) In cases where jurisdiction is absolute, the court must investigate on its own whether it has jurisdiction until the end of the case; the parties may always claim that the court lacks jurisdiction.

(2) In cases where jurisdiction is not definite, the jurisdiction objection must be raised in the response petition. The party objecting to jurisdiction shall notify the competent court or, if there is more than one competent court, the court of his choice. Otherwise, the jurisdiction objection shall not be taken into consideration.

(3) The court shall also indicate the competent court in its decision of lack of jurisdiction.

(4) In cases where jurisdiction is not absolute, if the defendant does not object to jurisdiction within the time limit and in accordance with the procedure, the court where the case was filed becomes competent.

THIRD SECTION

On the Decision of Lack of Jurisdiction or Competence Procedures to be Performed and

Determination of Place of Jurisdiction

Procedures to be taken upon the decision of lack of jurisdiction or authority

ARTICLE 20 – (1) In case of a decision of lack of jurisdiction or competence, one of the parties must apply to the court that gave the decision and request that the case file be sent to the competent or authorized court, within two weeks from the date of notification if the decision was final at the time it was given, or from the date the decision became final if no legal remedy was applied for within the (…) period, or from the date the decision was rejected if a legal remedy was applied for. Otherwise, the case shall be deemed not to have been filed and the court that gave the decision of lack of jurisdiction or competence shall decide on the matter ex officio.

(2) The court to which the file has been sent shall automatically send invitations to the parties.

Reasons requiring determination of place of jurisdiction

ARTICLE 21 – (1) In the following cases, the method of determining the place of jurisdiction shall be used to determine the court that will hear the case:

1. a) If any obstacle arises to the competent court hearing the case.
2. b) If a hesitation arises between two courts regarding the determination of the boundaries of the judicial districts.
3. c) If both courts decide on lack of jurisdiction and these decisions become final without recourse to legal action.
4. c) In cases of absolute jurisdiction, if both courts decide on lack of jurisdiction and these decisions become final without recourse to legal action.

Location of review

ARTICLE 22- (1) Any request for a competent court to hear a case there is an obstacle or between two courts In case of doubt in determining the boundaries of the judicial districts, application shall be made to the regional courts of justice for the first instance courts and to the Supreme Court for the regional courts of justice for the determination of the competent court.

(2) If the decisions of two courts regarding jurisdiction or authority regarding the same case become final without resorting to legal remedies, the competent or authorized court is determined by the regional court of justice or the Supreme Court of Appeals, depending on the relevance.

Investigation procedure and result

ARTICLE 23 – (1) The examination regarding the determination of the place of jurisdiction can be conducted on the file.

(2) The decisions regarding jurisdiction or authority made by the regional court of justice or the Supreme Court and finalised as a result of the legal review are binding on the court that will hear the case next.

CHAPTER TWO

Principles Governing the Trial

The principle of saving

ARTICLE 24 – (1) A judge cannot examine or decide on a case on his own without the request of one of the parties.

(2) Unless expressly stated in the law, no one is entitled to file a lawsuit in his/her own favor. or cannot be forced to demand his/her rights.

(3) The parties’ authority to dispose of the subject matter of the case, which they may freely dispose of, continues even after the lawsuit is filed.

The principle of being brought by the parties

ARTICLE 25 – (1) Except for the exceptions provided for in the law, the judge cannot of his own motion take into account things or facts that neither party has said, and cannot even act in a way that might remind them of them.

(2) Except in cases specified by law, the judge cannot collect evidence on his own.

The principle of commitment by demand

ARTICLE 26 – (1) The judge is bound by the results of the parties’ requests; he cannot decide more than that or anything else. Depending on the situation, he may decide more than the results of the request. can decide on less.

(2) The provisions of the law regarding the judge not being bound by the requests of the parties are reserved.

The right to be heard

ARTICLE 27 – (1) The parties to the case, the interveners and other interested parties in the trial have the right to be heard in connection with their own rights.

(2) This right;

1. a) To be informed about the trial,
2. b) The right to explanation and proof,
3. c) The court evaluates the explanations by taking them into consideration and provides concrete and clear justifications for the decisions,

contains.

The principle of publicity

ARTICLE 28 – (1) Notification of hearings and decisions shall be public.

(2) The holding of part or all of the hearings in secret may only be permitted in cases where public morality or public security (…) absolutely necessitates it, upon the request of the person concerned or ex officio. may be decided by the court.

(3) The parties’ request for confidentiality is examined and decided upon in a closed hearing within the framework of the provisions on preliminary issues. The judge explains the reasons for his decision together with his decision on the merits.

(4) The judge warns those present during the secret trial proceedings not to disclose any information they have obtained regarding that trial and warns that the provision of the Turkish Penal Code No. 5237 dated 26/9/2004 regarding the violation of confidentiality will be applied and records this matter in the minutes.

Obligation to act honestly and tell the truth

ARTICLE 29 – (1) The parties must act in accordance with the rule of honesty.

(2) The parties are obliged to make truthful statements regarding the facts that form the basis of the case.

The principle of procedural economy

ARTICLE 30 – (1) The judge is obliged to ensure that the trial is conducted within a reasonable time and in an orderly manner and that no unnecessary expenses are incurred.

The judge’s duty to enlighten the case

ARTICLE 31 – (1) In cases where the clarification of the dispute is necessary, the judge may ask the parties to make clarifications, ask questions and request evidence on matters that he/she deems unclear or contradictory in material or legal terms. 

Conduct and management of the trial

ARTICLE 32 – (1) The judge directs and manages the trial and takes all necessary measures to prevent disruption of the order of the trial.

(2) An appropriate period of time is given for the reorganization of a petition that is illegible, inappropriate or irrelevant, and this petition remains in the file. If a new petition is not prepared within the given period, no further period can be given.

Application of law

ARTICLE 33- ( 1) The judge shall apply Turkish law ex officio.

CHAPTER THREE

Prohibition, Rejection and Legal Liability of the Judge

FIRST DIFFERENCE

Prohibition and Rejection of a Judge from Hearing a Case

Reasons for prohibition

ARTICLE 34 – (1) The judge cannot hear the case in the following cases; he must abstain even if there is no request:

1. a) In a case that belongs to him/her or to which he/she is directly or indirectly related.
2. b) In the case of his/her spouse, even if the marriage bond between them is terminated.
3. c) In the case of his/her own or his/her spouse’s descendants or ascendants.
4. c) In the case of the person with whom he has an adoption relationship.
5. d) In the lawsuit of those who are related by blood or marriage, including the third degree, even if the bond that created it has been terminated.
6. e) In the case of his fiancée.
7. f) In a case where one of the two parties acts as their representative, guardian, trustee or legal advisor.

Consequences of the decision to abstain

ARTICLE 35 – (1) An appeal may be made to a higher court against the decision of recusal. All proceedings conducted in the presence of that judge, starting from the date on which the reason for the prohibition arises, may be annulled by the decision of the higher court. The judgments and decisions shall in any case be annulled. In such a case, the judge may be sentenced to pay the litigation expenses.

(2) In cases where the decision to withdraw is given by a first instance court judge, the decision given by the regional court of justice upon application is final.

Reasons for rejection

ARTICLE 36 – (1) If there is a significant reason to doubt the impartiality of the judge, one of the parties may reject the judge or the judge may withdraw personally. In particular, in the following cases, the existence of a reason for rejecting the judge is accepted:

1. a) Having given advice or guidance to one of the parties in the case.
2. b) Expressing his opinion to one of the parties or a third party in the case, even though he was not required to do so by law.
3. c) Having been heard as a witness or expert in the case or having acted as a judge or arbitrator; having acted as a mediator or conciliator in the dispute.
4. c) The case concerns collateral relatives up to the fourth degree.
5. d) During the case, there is a case with one of the two parties or there is hostility between them.

The judge’s failure to withdraw personally

ARTICLE 37 – (1) If the judge does not withdraw due to one of the reasons requiring his/her rejection, he/she may hear the case until one of the two parties requests rejection.

Rejection procedure

ARTICLE 38 – (1) The party who knows the reason for the judge’s recusal must present the recusal request at the first hearing at the latest. If the party learns the reason for the recusal while the case is being heard, he/she must immediately notify this request at the first hearing after learning the reason, before any new action is taken. A recusal request that is not made within the specified period will not be heard.

(2) The rejection of a judge is requested by petition. In this petition, the reasons for the rejection, evidence or signs must be clearly stated and any documents, if any, must be attached.

(3) The petition to challenge a judge shall be submitted to the court to which the judge whose challenge is requested is affiliated.

(4) A request for rejection cannot be withdrawn.

(5) The party rejecting the judge shall have its petition served on the opposing party. The opposing party may respond within one week. After this period has elapsed, the petition for rejection, the opposing party’s response, if any, and its annexes shall be given to the judge whose rejection was requested, together with the file, by the chief clerk. The judge shall examine the file within one week, state in writing his/her opinion on whether the reasons for rejection are lawful, and shall immediately submit the file to the chief clerk to be forwarded to the relevant authority.

(6) (Repealed: 22/7/2020-7251/4 art.) 

(7) (Repealed: 22/7/2020-7251/4 art.)

(8) Inviting a judge to withdraw is considered as a rejection of the judge.

(9) (Repealed: 22/7/2020-7251/4 art.)

Review of the withdrawal decision

ARTICLE 39 – (1) If the judge gives an opinion in favour of withdrawal upon the request of one of the parties or on his own initiative, the competent authority to examine the request of withdrawal decides whether this withdrawal is in accordance with the law.

Authority authorized to review the rejection request

ARTICLE 40 – (1) The request for the challenge of a judge shall be examined by the court to which the judge is affiliated, without the presence of the judge whose challenge is requested.

(2) If the court cannot be convened due to the failure of the rejected judge to attend or if the court consists of a single judge, the request for recusal shall be examined by another court or judge who is the civil judge of first instance in that place. If the duty of civil judge of first instance is performed by a single judge in that place, the request for recusal regarding that judge shall be examined by the criminal judge of first instance, if there is one, or by the nearest civil court of first instance, if there is none.

(3) If a judge of peace is rejected, the request for rejection shall be examined by the other judge of peace in that place. If the duty of a judge of peace is performed by a single judge in that place, the request for rejection regarding that judge shall be examined by the criminal judge of peace, civil judge of first instance, criminal judge of first instance in that place, or if they are not present, by the civil judge of peace in the nearest place, in the order of their presence.

(4) The request for the rejection of the president and members of the civil chambers of the regional court of justice is decided by the chamber in which they are responsible, without the presence of the rejected president and member. Collective rejection requests that prevent the civil chambers from convening will not be heard.

Rejection of the rejection request

ARTICLE 41 – (1) The request to challenge a judge shall be rejected in the following cases:

1. a) If the rejection request is not made within the time limit.
2. b) If the reason for rejection and convincing evidence or indication regarding this reason are not presented.
3. c) If it is clearly understood that the request for rejection was made for the purpose of prolonging the case.

(2) In such cases, the request for rejection shall be rejected by the participation of the rejected judge in the deliberations in the collective courts; and by the rejected judge himself in the single-judge courts.

(3) Appeals can only be filed against the decisions of the first instance court, and appeals can only be filed against the decisions of the regional court of justice civil chambers regarding their presidents and members, together with the judgment.

Review of the rejection request

ARTICLE 42 – (1) The decision regarding the request to challenge a judge may also be given by reviewing the file.

(2) (Added: 22/7/2020-7251/5 art.) Even if the reason for rejection is not certain, if the authority deems it probable, it may accept the request for rejection.

(3) (Added: 22/7/2020-7251/5 art.) No oath can be taken regarding the reasons for rejection.

(4) The judge whose recusal is requested cannot hear the case until the court decides on the recusal. However, cases and proceedings for which there is a risk of delay are excluded. If a judge whose recusal request was previously rejected by the court is rejected again based on the same circumstances and events, this does not prevent the judge from hearing the case.

(5) If the request for rejection is not accepted by the authority, the judge whose rejection was requested continues to hear the case.

(6) If it is understood that the request for rejection was made in bad faith and is not accepted in terms of its merits, each of the applicants will be sentenced to a disciplinary fine of five hundred Turkish Lira to five thousand Turkish Lira.

(7) In case of rejection of a request for recusal submitted by the same party in the same case against a judge, the disciplinary fine to be imposed cannot be less than twice the previous disciplinary fine.

(8) For the collection of disciplinary fines, the court dealing with the case shall have two weeks from the date of receipt of the file. does what is necessary within it.

Appeal against decisions regarding the request for rejection

ARTICLE 43 – (1) In cases and cases where the appeal is not possible in terms of the main provision, the decisions of the relevant authorities regarding the request for the rejection of the judge are final.

(2) In cases and cases where appeal is open in terms of the main provision, an appeal may be filed against the decisions of the authorities regarding the request for rejection within two weeks from the date of notification (…); in this case, Article 347 article The decision of the regional court of justice on this matter is final. 

(3) If the decision of the court of justice regarding the rejection of the request for refusal is found inappropriate and is annulled, or if the decision of the court of justice regarding the acceptance of the request for refusal is found appropriate by the regional court of justice, the actions having an effect on the merits that were carried out by the judge who rejected the case and are objected to by the party requesting refusal, since the date on which the reason for refusal arose, shall be annulled by the judge who will hear the case later.

Appeal against decisions on rejection requests

ARTICLE 44 – (1) In cases and cases where the appeal is not possible in terms of the main provision, the decisions of the regional court of justice regarding the rejection of the president and members of the regional court of justice are final.

(2) In cases and cases where the main provision is open to appeal, the decision on the request for rejection may be appealed within two weeks from the date of notification of (…). In this case, the provision of Article 347 shall not apply. The decision of the Court of Cassation on this matter is final. 

(3) If the decision to reject the request for recusal by a regional court of justice judge is overturned by the Supreme Court upon appeal or if the decision to accept the request for recusal is approved by the Supreme Court, the actions taken by the rejected judge since the date on which the reason for recusal arose and objected to by the party requesting recusal shall be annulled by the regional court of justice that will hear the case later.

Prohibition and refusal of the court clerk

ARTICLE 45 – (1) A request for rejection may be made regarding the court clerk on duty in the case for one of the reasons stipulated in Articles 34 and 36. The request for rejection shall be decided by the court where the court clerk serves. The decisions to be made in this regard shall be final.

(2) The court clerk may refrain from duty by stating the reasons in article 34. In this case, the necessary decision is given by the court in which he/she serves.

(3) If the court clerk is asked to reject or refrain from the same case together with the judge, the authority that will examine the rejection or refrain regarding the judge shall decide on both of them.

SECOND DIFFERENCE

Legal Liability of the Judge

State responsibility and recourse

ARTICLE 46 – (1) A compensation claim may be filed against the State due to the trial activities of judges based on the following reasons:

1. a) An unlawful judgment or decision has been made due to favoritism or partiality, or hatred or hostility towards one of the parties.
2. b) An unlawful judgment or decision has been made due to a benefit provided or promised.
3. c) A decision or judgment has been given that is contrary to a legal provision that is so clear and definite that it cannot be given a different meaning.
4. c) A decision was made based on a reason that is not included in the hearing minutes.
5. d) The hearing minutes and the verdicts or decisions have been changed or distorted, or an unspoken word has been shown as spoken in a way that would affect the verdict or decision, and a verdict has been given based on this.
6. e) Avoidance of fulfilling the right.

(2) The filing of a compensation claim cannot be conditioned on the commencement of a criminal investigation against the judge or on his/her conviction.

(3) The State may take recourse against the responsible judge for the compensation it has paid within one year from the date of payment.

The court in which the cases will be filed

ARTICLE 47 – (1) (Amended: 1/4/2015-6644/3 art.) A compensation lawsuit filed against the State shall be heard in the relevant civil chamber of the Court of Cassation due to the acts and decisions of the judges of the first instance and regional courts of justice; and in the Fourth Civil Chamber of the Court of Cassation, acting as a first instance court, due to the acts and decisions of the President and members of the Court of Cassation and those who are legally in the same position. If the lawsuit is due to the acts and decisions of the President and members of this chamber, the trial shall be held in the Third Civil Chamber of the Court of Cassation. The appeal review of the decisions made shall be conducted by the General Assembly of Civil Law. The president who made the decision and the members shall not participate in the appeal review.

(2) The recourse action to be brought by the State against the responsible judge shall be heard by the court that has decided the compensation action.

Petition for lawsuit and notification of the lawsuit

ARTICLE 48 – (1) In the petition for compensation, the reason for liability and the evidence are clearly stated; if any, documents are also attached.

(2) The court shall notify the relevant judge ex officio of the compensation lawsuit filed.

Penalty in case of rejection of the case

ARTICLE 49 – (1) The case is brought on its merits. If the application is rejected, the plaintiff is sentenced to a disciplinary fine of five hundred Turkish Lira to five thousand Turkish Lira.

CHAPTER FOUR

Parties and Third Parties Participating in the Case

FIRST DISCRIMINATION

Qualifications of the Parties

Party capacity

ARTICLE 50- (1) A person who is entitled to benefit from civil rights also has the capacity to be a party to the lawsuit.

Capacity to sue

ARTICLE 51- (1) Capacity to sue is determined by the capacity to exercise civil rights. 

Legal representation in litigation

ARTICLE 52- (1) Those who do not have the capacity to exercise their civil rights are represented in the case by their legal representatives, and legal entities are represented by their authorized bodies. 

Authority to pursue litigation

ARTICLE 53 – (1) The authority to pursue a lawsuit is based on the request. is the authority to make a decision on the matter. This authority is determined according to the power of disposition in substantive law, except for the exceptional cases specified in the law.

Granting of representation or permission documents

ARTICLE 54 – (1) In cases where the opening and conduct of the lawsuit is subject to the permission of a certain authority, legal representatives must submit their permission documents, and legal person organs must submit their representation documents to the court with a lawsuit or a response petition; otherwise, they cannot file a lawsuit or take any action regarding the trial. However, in cases where delay is prejudicial, the court may allow legal representatives or legal person organs to file a lawsuit or take action regarding the lawsuit, provided that they remediate the above-mentioned deficiency.

(2) If an application to the court is required to obtain a permit, the person concerned is given a definite period for the application. If an application is made to the court within this period, the court must wait until a decision is made on the matter.

(3) If the documents are not submitted or the court is not applied to within the time limit, the lawsuit will be deemed not to have been filed or the actions taken will be deemed not to have been taken.

Death of one of the parties during the case

ARTICLE 55 – (1) In case of death of one of the parties, if the heirs have not accepted or rejected the inheritance, the case shall be postponed until the periods specified by law have elapsed. However, in cases where delay is dangerous, the judge may, upon request, decide to appoint a trustee to follow up the case.

Postponement of the trial due to the appointment of a legal representative

ARTICLE 56 – (1) If the court approves the request of one of the parties to be placed under guardianship or to appoint a legal advisor, or if the court deems it necessary, the trial may be postponed until a final decision is made on the matter.

(2) If one of the parties is placed under treatment, observation or protection, or is prohibited from meeting with others, and it is not possible for him or his representative to be present in court, the trial may be postponed until a trustee is appointed to follow up the case against that person.

SECOND DIFFERENCE

Case Friendship

Optional companionship

ARTICLE 57 – (1) More than one person may file a lawsuit together, or a lawsuit may be filed against them together, in the following cases:

1. a) The right or debt in dispute between the plaintiffs or defendants is common for a reason other than joint ownership.
2. b) A right has arisen for the benefit of all of them through a joint transaction or they have incurred such an obligation.
3. c) The facts and legal reasons underlying the cases are the same or similar.

The status of optional defendants in the case

ARTICLE 58- (1) In a voluntary fellowship, the cases are independent of each other. Each of the fellows acts independently of the others.

Compulsory companionship

ARTICLE 59 – (1) According to substantive law, in cases where a right is used by more than one person together or asserted against more than one person together and a single judgment must be given for all of them, there is compulsory fellowship.

The situation of the compulsory case mates in the case

ARTICLE 60 – (1) Compulsory co-plaintiffs can only file a lawsuit together or have a lawsuit filed against them together. In this type of co-plaintiff, co-plaintiffs must act together. However, the procedural actions taken by co-plaintiffs who have attended the hearing shall also be valid for co-plaintiffs who have not attended the hearing despite being duly invited.

THIRD SECTION

Notification of the Case and Intervention in the Case

Notice and conditions

ARTICLE 61 – (1) If one of the parties loses the case and thinks that he/she will have recourse to a third party or that the third party will have recourse to him/her, he/she may notify the third party about the case until the investigation is concluded.

(2) It is possible for the person to whom the case is reported to notify someone else under the same conditions, and the report can be forwarded in this way.

Form of notification

ARTICLE 62 – (1) The notification shall be made in writing; the reason for the notification shall be explained together with the reasons and the stage of the trial shall be stated.

(2) The trial cannot be postponed to another day due to the notification of the case and no time can be given except in mandatory cases such as the renewal of the notification.

The status of the person reported

ARTICLE 63 – (1) The person to whom the case is notified may participate in the case alongside the party that has a legal interest in winning the case.

Effect of notification

ARTICLE 64 – (1) The effect of the decision given in the reported case on the person who reported it is stated in Article 69. second paragraph The provision shall be applied analogously.

Primary intervention

ARTICLE 65 – (1) A third person who claims a right or thing that is the subject of a trial, in whole or in part, may file a lawsuit against the parties to the trial in the same court, asserting this situation until the verdict is given.

(2) The primary intervention case and the main trial are conducted and concluded together.

Secondary intervention

ARTICLE 66 – (1) A third party may take part in the case as a secondary intervener until the investigation is concluded, in order to assist the party that has a legal interest in winning the case.

Request for and examination of secondary intervention

ARTICLE 67 – (1) The third party requesting intervention shall apply to the court with a petition stating the party he wishes to join, the reason for the intervention and the basis for it.

(2) The petition for intervention is notified to the parties to the case. If necessary, the court invites a third party to hear the case along with the parties, and decides on the request for intervention even if they do not attend.

Status of secondary intervener

ARTICLE 68 – (1) If the request for intervention is accepted, the intervener may only follow the case from the point he is in. The intervener may put forward the means of claim or defense that are in favor of the party he is participating in; he may perform all kinds of procedural actions that are not contrary to his actions and explanations.

(2) From the point of joining, the court notifies the intervening party of the proceedings notified to the parties.

Effect of secondary intervention

ARTICLE 69 – (1) In the main case in which the intervener is also involved, the verdict is given for the parties.

(2) In the case of a secondary intervener’s recourse relationship with the party, the claim that an incorrect decision was made regarding the dispute in the main case shall not be heard. However, the intervener may claim that the party he joined the case late because of a lack of timely notice, or that he prevented the party he joined from using his claim and defense opportunities, or that the claim and defense opportunities unknown to him could not be used due to the party’s gross negligence, and that the party he joined the case for conducted the trial incorrectly.

The involvement of the public prosecutor in the case

ARTICLE 70 – (1) The public prosecutor shall file a legal case or be a party to an existing legal case in cases clearly stipulated by law.

(2) If the public prosecutor does not file a lawsuit despite the notification of the official department, the notifying official department may object to the judge of the senior civil court of first instance closest to the serious criminal court in which the public prosecutor serves. Articles 172 and 173 of the Criminal Procedure Code No. 5271 dated 4/12/2004 shall apply analogously in this regard.

(3) The parties cannot freely dispose of the cases and proceedings in which the public prosecutor is involved.

FOURTH SECTION

Power of Attorney for the Case

Generally

ARTICLE 71- (1) Anyone with legal capacity may file and pursue a lawsuit himself or herself or through his or her appointed attorney.

Provisions applicable to power of attorney in a case

ARTICLE 72 – (1) In the filing and pursuit of a lawsuit through an attorney, the provisions of the Code of Obligations No. 818 dated 22/4/1926 regarding representation shall apply, without prejudice to the special provisions in the laws.

Legal scope of power of attorney

ARTICLE 73 – (1) Power of attorney for a lawsuit includes the authority to carry out all necessary procedures for the pursuit of the lawsuit, to enforce the judgment, to collect the litigation expenses and to issue receipts for this, and to have all of these procedures carried out against the attorney himself, until the judgment becomes final, without prejudice to matters requiring special authority in the law.

(2) All restrictive actions aimed at restricting this authority are invalid in respect of the other party. 

Situations requiring special authority to file a lawsuit

ARTICLE 74 – (1) Unless expressly authorized, the attorney cannot; compromise, reject the judge, amend the entire case, propose an oath, accept, return or reject an oath, delegate someone else, lift the seizure, request the bankruptcy of his client, make an arbitration or arbitration agreement, propose composition or restructuring of capital companies and cooperatives through reconciliation and give consent to these, apply for alternative dispute resolution methods, waive the lawsuit or legal remedies, discharge the other party and accept their lawsuit, seek retrial, and file a compensation lawsuit against the State due to the acts of the judges. It cannot initiate or pursue lawsuits concerning rights strictly related to the person unless it is stated which ones it has been authorized to pursue.

Appointment of more than one representative

ARTICLE 75 – (1) If more than one attorney is assigned for the case, each of the attorneys may use the powers arising from the power of attorney independently of the other. Restrictions to the contrary are invalid in terms of the other party.

Presentation of power of attorney

ARTICLE 76 – (1) In the lawsuits and proceedings he opens or pursues, the lawyer must present the original of the power of attorney approved or drawn up by a notary public or a copy approved by the lawyer, in order to be placed in the lawsuit or follow-up file.

(2) Representation documents duly issued and given to lawyers of public institutions and organizations by their authorized officers are also valid and do not need to be notarized.

Filing a lawsuit and carrying out transactions without a power of attorney

ARTICLE 77 – (1) A lawyer who does not provide the original or certified copy of his power of attorney cannot file a lawsuit or perform any action related to the trial. However, in cases where delay may cause harm, the court may allow the lawyer to file a lawsuit or perform procedural actions on condition that he submits his power of attorney within the definite period it will give. If the power of attorney is not provided within this period or if the main party does not notify the court with a petition that he accepts the actions taken, the lawsuit will not be filed or the actions taken will not be performed.

(2) A lawyer who is allowed to act without a power of attorney but fails to present a power of attorney within the time limit without a legitimate reason shall be sentenced to pay the hearing fee, other litigation expenses and the damages suffered by the other party. In order to initiate a criminal and disciplinary investigation against the lawyer who does this in bad faith, the situation shall be notified in writing to the Office of the Chief Public Prosecutor and the presidency of the bar association to which the lawyer is affiliated.

(3) The trial cannot be postponed to another day due to a party’s wish to hire a lawyer.

(4) The trial cannot be postponed to another day because the lawyer has resigned, been dismissed or has not reviewed the file. However, if the failure to review the file is based on a valid excuse, the judge may grant a short period of time, only once. At the end of the given period, the case continues even if the file has not been reviewed.

The attorney’s statement before the attorney giving the power of attorney

ARTICLE 78 – (1) A party who does not immediately and clearly object to the statements made by his/her attorney at the hearing in which he/she is present shall be deemed to have consented to these statements.

Inappropriate attitude and behavior of the attorney or the person giving the power of attorney during the hearing

ARTICLE 79 – (1) If the attorney exhibits inappropriate behavior and conduct during the hearing, he/she shall be warned by the judge; if the attorney does not comply with the warning and the act is deemed to constitute a disciplinary offense or a judicial offense, the identity and addresses of the persons present in the courtroom shall be recorded in the minutes of the incident and the hearing shall be adjourned. The court shall notify the bar association where the attorney is registered and, if necessary, the Chief Public Prosecutor’s Office in order to take the necessary legal action against the attorney.

(2) If a person who is following his case on his own behaves or acts inappropriately during the hearing, the judge warns him; if these warnings are not followed and it is deemed necessary, the judge decides to have him represented by an attorney and ensures that he is immediately removed from the courtroom; if he does not have him represented by an attorney, the procedure is carried out in accordance with the provisions that would apply in the absence of the party.

The party is not competent to pursue his case.

ARTICLE 80 – (1) If the judge finds that one of the parties is not competent enough to pursue his case personally, he may decide to grant him an appropriate period of time and to pursue his case through his attorney. The party who does not comply with the decision shall be subject to the provisions in his absence.

The form of dismissal and resignation of the deputy

ARTICLE 81 – (1) In order for the dismissal or resignation of the attorney to be effective for the court and the other party, the declaration on this matter must be submitted with a petition or recorded in the minutes, and if necessary, the cost of notification to the relevant party must be paid in advance.

Resignation of the Deputy

ARTICLE 82 – (1) The attorney’s duty of resigning attorney ends within two weeks from the date of notification of the resignation to the client. continues for a period of time.

(2) If the attorney has resigned and the attorney does not pursue the case and does not appoint another attorney, the procedure is carried out in accordance with the provisions applicable in the absence of the party.

(3) The matters included in the above paragraphs shall be notified to the proxy grantor together with the resignation letter of the resigning proxy.

Dismissal of the deputy

ARTICLE 83 – (1) In the case of a lawsuit pursued by an attorney, in case of dismissal of the attorney, the person giving the attorney shall not pursue the lawsuit and shall not be liable for two weeks. If the party does not appoint another attorney, the procedure is carried out in accordance with the provisions to be applied in the absence of the party.

CHAPTER FIVE

Guarantee

Cases in which collateral will be shown

ARTICLE 84 – (1) In the following cases, an appropriate guarantee shall be provided to cover the possible litigation expenses of the defendant party:

1. a) A Turkish citizen who does not have a habitual residence in Türkiye may file a lawsuit, participate in the case as an intervenor alongside the plaintiff, or pursue the case.
2. b) Documentation that the plaintiff is in financial difficulty due to reasons such as the fact that he has previously been declared bankrupt, that restructuring procedures have been initiated through concordat or reconciliation, or that he has a certificate of inability to pay his debts.

(2) If, during the hearing of the case, situations and conditions requiring security arise, the court decides to provide security.

(3) The obligation to provide security in compulsory litigation and companionship arises if this obligation exists for all plaintiffs.

Cases that do not require collateral

ARTICLE 85 – (1) Guarantee cannot be requested in the following cases:

1. a) The plaintiff’s use of legal aid.
2. b) The plaintiff must have real estate or a receivable secured by collateral in kind, sufficient to cover the requested security.
3. c) The lawsuit was filed solely to protect the interests of the minor.
4. c) An enforcement proceeding based on a judgment has been initiated for the receivable based on a judgment.

Security decision

ARTICLE 86 – (1) The court shall decide on the security to cover the litigation expenses on its own. The judge may hear the parties or the person requesting intervention before deciding on the security.

Amount and form of collateral

ARTICLE 87 – (1) The judge freely determines the amount and form of the security to be given in a case. However, if the parties agree on the form of the security in a contract, the security is determined accordingly.

(2) In case of change in the circumstances and conditions requiring security, the judge may decide to reduce, increase, change or remove the security.

Consequences of failure to provide collateral

ARTICLE 88 – (1) If the security is not provided within the definite period determined by the judge, the case is rejected on procedural grounds.

(2) If the person requesting intervention does not provide the requested guarantee within the specified period, he/she is deemed to have given up his/her request for intervention.

Return of security deposit

ARTICLE 89 – (1) If the reason requiring the provision of security is eliminated, the court decides to return the security upon the request of the person concerned.

CHAPTER SIX

Deadlines, Reinstatement and Judicial Vacation

FIRST DIFFERENCE

Durations

Determination of deadlines

ARTICLE 90 – (1) The periods are specified in the law or determined by the judge. Except for exceptional cases specified in the law, the judge cannot increase or decrease the periods specified in the law.

(2) The judge may increase or decrease the periods determined by him/her for justified reasons; if he/she deems it necessary, he/she shall also hear the parties before making his/her decision on this matter.

Start of the periods

ARTICLE 91 – (1) The periods begin to run from the date of notification to the parties or, in cases stipulated by law, from the date of notification.

Expiration of deadlines

ARTICLE 92 – (1) If the periods are determined in days, the day of notification or announcement is not taken into account and the period ends at the holiday time of the last day.

(2) If the period is determined as a week, month or year, it ends at the holiday time of the day corresponding to the day it started in the last week, month or year. If there is no day corresponding to the day it started in the month in which the period ends, the period ends at the holiday time of the last day of this month.

The impact of holidays

ARTICLE 93 – (1) Official holidays are included in the period. If the last day of the period falls on an official holiday, the period ends at the end of the working hours of the first business day following the holiday.

Exact time

ARTICLE 94 – (1) The periods determined by the law are final.

(2) (Amended: 22/7/2020-7251/6 art.) The judge may decide that the period he/she has determined is definite. In this case, the judge shall explain the transaction that is the subject of the definite period he/she has determined in a way that does not leave any room for hesitation and shall warn by clearly recording in the minutes the legal consequences of non-compliance with the period. The party that has exceeded the period that is not stated to be definite may request a new period; the second period granted in this way is definite and no period can be granted again.

(3) The right of a party who fails to perform a transaction that must be performed within a certain period of time to perform that transaction is void.

SECOND DIFFERENCE

Reinstatement

Request

ARTICLE 95 – (1) A person who is unable to carry out a transaction within the period specified by law or determined by the judge due to reasons beyond his control may request restoration.

(2) If the same result that could be achieved by the action that could not be carried out within the time limit can be achieved by another legal means other than reinstatement, a request for reinstatement cannot be made.

Duration

ARTICLE 96 – (1) Reinstatement must be requested within two weeks from the removal of the obstacle that prevented the transaction from being completed on time.

(2) In first instance and appeal proceedings, it is possible to request reinstatement until the final decision is given at the latest. However, if the final decision was given in the absence of one of the parties, a request for reinstatement for the periods missed during the investigation phase may be made after the decision is given.

Form and scope of the request

ARTICLE 97 – (1) Reinstatement is requested by petition. The petition shall indicate the reasons on which the request is based and their evidence or indications. The action that could not be performed within the time limit must be performed within the period specified for the request for reinstatement.

Request and review authority

ARTICLE 98 – (1) Reinstatement of the transaction that could not be performed is requested from the court in which the investigation regarding this transaction was to be conducted.

(2) In case the right to appeal is lost, restoration is requested from the regional court of justice; in case the right to appeal is lost, it is requested from the Supreme Court of Appeals.

Effect of the request on the trial and execution of the judgment

ARTICLE 99 – (1) The request for reinstatement does not require the postponement of the trial and does not prevent the execution of the judgment. However, if the court examining the request finds the request justified, it may decide to postpone the trial or to defer the execution of the judgment, provided that security is provided. If necessary, the court may decide to postpone the trial or to defer the execution without providing security.

Review and decision

ARTICLE 100 – (1) Requests for reinstatement in first instance courts or regional courts of justice are made and examined in accordance with the procedure on preliminary issues; requests for reinstatement to be put forward in the Supreme Court are made and examined in accordance with the procedure on appeal.

(2) If the request for reinstatement is accepted, the court shall specify in its decision which transactions have become invalid. Transactions that cannot be invalidated by amendment shall not be affected by the request for reinstatement.

Expenses

ARTICLE 101 – (1) Expenses arising from the request for reinstatement shall be charged to the requesting party. However, if the opposing party has caused an increase in the expenses by raising unfounded objections to the request for reinstatement, the judge may decide to charge all or part of the expenses to the opposing party.

THIRD SECTION

Judicial Vacation

Judicial vacation period

ARTICLE 102- (Amended: 8/8/2011-KHK-650/33 art.; Cancelled: By the Constitutional Court’s decision dated 18/7/2012 and numbered E.: 2011/113 K.: 2012/108; Re-arranged: 27/6/2013-6494/30 art.)

(1) The judicial holiday begins on the twentieth of July each year and ends on the thirty-first of August. The new judicial year begins on the first of September.

Cases and matters to be heard during the judicial recess

ARTICLE 103 – (1) During the judicial recess, only the following cases and proceedings can be heard:

1. a) Deciding on requests for temporary legal protection such as provisional injunctions, provisional seizures and detection of evidence, obtaining marine reports and appointment of dispatchers, as well as objections and other applications to be made against these.
2. b) All kinds of alimony cases and cases or proceedings related to lineage, custody and guardianship.
3. c) Correction of population records and cases.
4. c) Lawsuits filed by workers due to employment contracts or employment agreements.
5. d) Requests for a loss certificate due to the loss of commercial books and cancellation proceedings arising from the loss of valuable documents.
6. e) Matters and lawsuits related to bankruptcy, composition and restructuring of capital companies and cooperatives through reconciliation.
7. f) Discoveries decided to be made during the judicial recess.
8. g) Cases and proceedings falling within the jurisdiction of the court in accordance with the arbitration provisions.
9. g) Non-contentious judicial proceedings.
10. h) Cases and proceedings that are stated to be urgent by law or decided to be heard urgently by the court upon the request of one of the parties.

(2) In case of agreement between the parties or if the case is being heard in the absence of one party, upon the request of the party present, the hearing of the above-mentioned cases and proceedings may be postponed until after the judicial recess.

(3) During the judicial recess, the receipt of petitions for lawsuits, counterclaims, appeals and cassations, as well as petitions for replies to these and petitions for renewal of cases whose files have been withdrawn from processing, issuance of judgments, all kinds of notifications, and sending of files to another court, regional court of justice or the Supreme Court of Appeals are also carried out.

(4) The provisions of this article shall also apply to the examinations of regional courts of justice and the Supreme Court of Appeals.

The effect of judicial recess on the terms

ARTICLE 104 – (1) In cases and cases subject to judicial recess, if the end of the periods determined by this Law coincides with the recess period, these periods shall be deemed to have been extended by one week from the day the judicial recess ends without the need for a separate decision.

PART TWO

Types of Cases, Case Conditions and Preliminary Objections

CHAPTER ONE

Types of Cases

Eda case

ARTICLE 105 – (1) Through a performance action, the court is requested to sentence the defendant to give, do or not to do something.

Determination case

ARTICLE 106 – (1) Through a declaratory action, the court is requested to determine the existence or non-existence of a right or legal relationship or whether a document is forged or not.

(2) The person who files a declaratory action must have a current interest worthy of legal protection in filing this action, except for the exceptional circumstances specified in the law.

(3) Material facts alone cannot constitute the subject of a determination case.

Uncertain receivable case

ARTICLE 107 – (1) In cases where it is not possible or impossible for the creditor to determine the exact and definite amount or value of the claim on the date the lawsuit is filed, the creditor may file an indefinite claim lawsuit by specifying the legal relationship and a minimum amount or value.

(2) (Amended: 22/7/2020-7251/7 art.) If it is possible to determine the exact and precise amount or value of the claim as a result of the information provided by the opposing party or the investigation, the plaintiff may determine his/her claim exactly and precisely within the two-week definite period to be given by the judge before the end of the investigation, without being subject to the prohibition of the expansion of the claim. Otherwise, the case shall be heard and decided on the amount or value specified in the result of the request.

(3) (Repealed: 22/7/2020-7251/7 art.)

The construction case

ARTICLE 108 – (1) By means of a constructive lawsuit, the court is requested to create a new legal situation or to change the content of an existing legal situation or to eliminate it.

(2) In cases where it is necessary to exercise a construction right through a lawsuit, a construction lawsuit is filed.

(3) Unless otherwise stated in the laws, constructive provisions do not have retroactive effect.

Partial lawsuit

ARTICLE 109 – (1) In cases where the subject of the claim is divisible due to its nature, only a part of it can be brought forward through a lawsuit.

(2) (Repealed: 1/4/2015-6644/4 art.)

(3) Unless the remaining part of the claim is expressly waived when the lawsuit is filed, filing a partial lawsuit does not mean waiving the remaining part of the claim.

Piling up of cases

ARTICLE 110 – (1) The plaintiff may put forward more than one independent primary claim against the same defendant in the same petition. For this, all of the jointly-claimed claims must be within the same jurisdiction and there must be a court with common jurisdiction for all of the claims.

The delayed case

ARTICLE 111 – (1) The plaintiff may put forward more than one claim against the same defendant in the same petition by establishing a primary-secondary relationship between them. For this, there must be a legal or economic connection between the claims.

(2) The court cannot examine or rule on the secondary claim of the plaintiff unless it decides to reject the primary claim on the merits.

Elective case

ARTICLE 112 – (1) In optional debts, if the debtor or a third party who has the right to choose refuses to exercise this right, the creditor may file an optional lawsuit.

(2) In an alternative case, if the court concludes that the request is lawful, it will give an alternative conviction.

(3) The creditor who enforces the optional judgment must limit the subject of his enforcement to one of the acts included in the judgment. However, this does not eliminate the debtor’s right to be relieved of his debt by performing the other act.

Community lawsuit

ARTICLE 113 – (1) Associations and other legal entities may file a lawsuit on their own behalf, within the framework of their status, to protect the interests of their members or affiliates or the group they represent, to determine the rights of the relevant persons or to eliminate an unlawful situation or to prevent future violations of the relevant rights.

CHAPTER TWO

Conditions of the Case and Preliminary Objections

FIRST DISCRIMINATION

Conditions of the Case

Conditions of the case

ARTICLE 114- (1) The conditions for the lawsuit are as follows:

1. a) Turkish courts have jurisdiction.
2. b) The permissibility of taking legal action.
3. c) The court has jurisdiction.
4. c) In cases where the jurisdiction is absolute, the court must have jurisdiction.
5. d) The parties must have the capacity to be parties and to sue; in cases where legal representation is involved, the representative must have the necessary qualifications.
6. e) Having the authority to pursue litigation.
7. f) In cases pursued through an attorney, the attorney must have the capacity to represent the case and have a duly issued power of attorney.
8. g) The advance payment required to be made by the plaintiff has been deposited.
9. g) Fulfilling the requirements of the decision regarding the provision of security.
10. h) The plaintiff has a legal interest in filing a lawsuit.
11. i) The same lawsuit has not been filed before and is not still pending.
12. i) The same case has not been previously decided.

(2) The provisions regarding the conditions of the case in other laws are reserved.

Examination of the circumstances of the case

ARTICLE 115 – (1) The court shall investigate on its own initiative whether the conditions of the case are present at every stage of the case. The parties may also claim the absence of the conditions of the case at any time.

(2) If the court determines that the case condition is lacking, it decides to reject the case on procedural grounds. However, if it is possible to eliminate the case condition, it gives a definite period for this to be completed. If the case condition is not eliminated within this period, it rejects the case on procedural grounds for lack of case condition.

(3) If the deficiency in the action prerequisite was not noticed by the court before the merits of the case were entered into, was not put forward by the parties, but this deficiency was remedied at the time of the judgment, the case cannot be rejected on procedural grounds due to the deficiency in the action prerequisite at the beginning.

SECOND DIFFERENCE

Initial Objections

Subject

ARTICLE 116- (1) Preliminary objections consist of the following:

1. a) Objection to authority in cases where there is no definitive authority rule.
2. b) Objection that the dispute should be resolved by arbitration.
3. c) (Repealed: 22/7/2020-7251/8 art.)

Proposed and examined

ARTICLE 117 – (1) All preliminary objections must be put forward in the response petition; otherwise, they cannot be heard.

(2) Preliminary objections are examined after the case conditions.

(3) Preliminary objections are examined and decided as preliminary issues.

PART THREE

Written Trial Procedure

CHAPTER ONE

Opening of the Case

Time of filing of the case

ARTICLE 118 – (1) The case is deemed to have been filed on the date the petition is registered. The number of copies of the petition is equal to the number of defendants.

(2) The procedures and principles regarding the registration of the petition are determined in the regulation.

Contents of the petition

ARTICLE 119 – (1) The petition shall contain the following matters:

1. a) Name of the court.
2. b) Name, surname and addresses of the plaintiff and the defendant.
3. c) The plaintiff’s Republic of Turkey identity number.
4. c) Names, surnames and addresses of the legal representatives of the parties and the plaintiff’s attorney, if any.
5. d) In cases concerning the subject matter of the case and property rights, the value of the subject matter of the case.
6. e) A clear summary of all the facts that form the basis of the plaintiff’s claim, numbered sequentially.
7. f) What evidence will be used to prove each alleged fact.
8. g) Legal reasons relied upon.
9. g) As a result of an explicit request.
10. h) Signature of the plaintiff, his/her legal representative or attorney, if any.

(2) If the matters other than those in subparagraphs (a), (d), (e), (f) and (g) of the first paragraph are deficient, the judge shall give the plaintiff a definite period of one week to complete the deficiency. If the deficiency is not completed within this period, the lawsuit shall be deemed not to have been filed.

Payment of advance on fees and expenses

ARTICLE 120 – (1) The plaintiff must deposit the court fees and the amount determined in the expense advance tariff to be issued by the Ministry of Justice each year, to the court treasury when filing a lawsuit.

(2) If it is understood during the case that the advance payment is not sufficient, the court gives the plaintiff a definite period of two weeks to complete this deficiency.

(3) (Added: 22/7/2020-7251/9 art.) The provisions of Article 324 regarding the advance payment of evidence determined by the court for the evidence requested by each party are reserved.

Submission of documents together

ARTICLE 121 – (1) The originals of the documents shown in the petition and in the possession of the plaintiff, together with copies prepared in excess of the number of defendants, or only copies, without being subject to any fees or taxes, must be attached to the petition and submitted to the court, and an explanation must be included in the petition to ensure that documents and files brought from other places can be found.

Notification of the petition

ARTICLE 122- (1) The petition shall be notified to the defendant by the court. The defendant shall be notified within two weeks. It is shown in the notification envelope within which the person can respond to the lawsuit.

Withdrawal of case

ARTICLE 123- (1) The plaintiff may withdraw his case only with the express consent of the defendant until the verdict is final. (Additional sentence: 22/7/2020-7251/10 art.) In this case, it is decided that the case will be deemed not to have been filed.

Voluntary change in side

ARTICLE 124- (1) Changing the party in a case is only possible with the express consent of the other party.

(2) Special provisions in the laws on this matter are reserved.

(3) However, a request for change of party that is not caused by a material error or is not contrary to the rule of good faith shall be accepted by the judge without the consent of the other party.

(4) If the incorrect or incomplete indication of the party in the petition is based on an acceptable error, the judge may accept the request for a change of party without seeking the consent of the other party. In this case, the judge shall rule on the litigation expenses in favour of the person who is excluded from being a party to the case and who did not cause the lawsuit to be filed against him.

Transfer of the subject matter

ARTICLE 125 – (1) If, after the lawsuit is filed, the defendant transfers the subject matter of the lawsuit to a third person, the plaintiff may use one of the following powers:

1. a) If he/she wishes, he/she may abandon the lawsuit with the transferring party and continue the lawsuit against the person who has transferred the subject matter. In this case, if the lawsuit is concluded in favor of the plaintiff, the transferring and transferee of the subject matter shall be jointly and severally liable for the litigation expenses.
2. b) If he wishes, he can convert his case into a compensation case against the transferring party.

(2) If, after the lawsuit is filed, the subject matter of the lawsuit is transferred by the plaintiff, the person who transferred it replaces the plaintiff in the ongoing lawsuit and the lawsuit continues from where it left off. (Additional sentence: 22/7/2020-7251/11 art.) In this case, if the case is concluded against the plaintiff, the transferor and the transferee will be jointly and severally liable for the litigation expenses.

CHAPTER TWO

Response Petition

Submission of the response petition

ARTICLE 126- (1) The defendant submits his response petition to the court where the case was filed.

(2) The number of copies of the response petition shall be added to the petition as many times as the number of plaintiffs.

(3) The response petition is deemed to have been submitted on the date it is referred.

(4) A copy of the response petition is notified to the plaintiff by the court.

Deadline for submitting a response petition

ARTICLE 127 – (1) The period for submitting the response petition is two weeks from the date of notification of the petition to the defendant. However, in cases where it is very difficult or impossible to prepare the response petition within this period depending on the circumstances and conditions, the defendant who applies to the court within this period may be granted an additional period of time, not exceeding one month, to commence processing from the end of the response period. The decision regarding the request for an additional response period shall be notified to the parties immediately.

Consequence of not submitting a response petition on time

ARTICLE 128 – (1) The defendant who has not filed a response within the time limit shall be deemed to have denied all the facts alleged by the plaintiff in the petition. 

Contents of the response petition

ARTICLE 129- (1) The following points are included in the response petition:

1. a) Name of the court.
2. b) Name, surname and addresses of the plaintiff and the defendant; if the defendant is abroad, an address to be provided within the country to be the basis for the proceedings related to the lawsuit filed.
3. c) The defendant’s Republic of Turkey identity number.
4. c) Names, surnames and addresses of the legal representatives of the parties and the plaintiff’s attorney, if any.
5. d) Clear summaries of all the facts on which the defendant’s defence is based, numbered sequentially.
6. e) The evidence with which each fact put forward as the basis of the defense will be proven.
7. f) Legal reasons relied upon.
8. g) As a result of an explicit request.
9. g) Signature of the defendant or his/her legal representative or attorney, if any.

(2) The provision of Article 121 also applies to the response petition.

Deficiency in the response petition

ARTICLE 130- (1) 129 If the items (a), (b), (c), (ç) and (ğ) of the first paragraph of the article are missing in the response petition, the judge gives a one-week period to correct this; if the deficiency is not corrected within this period, the response petition is deemed not to have been submitted.

Result of filing a response petition

ARTICLE 131- (1) After the response petition has been filed, preliminary objections cannot be raised even if the response period has not expired.

Conditions for filing a counterclaim

ARTICLE 132- (1) In order to file a counterclaim;

1. a) The main case has been filed and is still pending,
2. b) There is a clearing or offsetting relationship between the claim to be put forward in the counterclaim and the claim put forward in the main lawsuit, or there is a connection between these cases,

It is a must.

(2) If a counterclaim is filed before these conditions are met, the court, upon request or ex officio, decides to separate the counterclaim from the main case and, if necessary, to send the file to the competent court.

(3) No lawsuit can be filed against a counterclaim.

Filing of counterclaim and its duration

ARTICLE 133- (1) A counterclaim is filed with a response petition or by submitting a separate petition within the period for responding to the merits.

(2) If a counterclaim is filed after the deadline, the court decides to separate the cases.

End of the main case

ARTICLE 134- (1) The termination of the main case for any reason does not prevent the counterclaim from being heard and decided.

Provisions to be applied

ARTICLE 135 – (1) The provisions of this Law regarding the lawsuit shall also apply to the counterclaim, unless there is a special provision to the contrary.

CHAPTER THREE

Response to the Answer and Second Response Petition

Second petitions of the parties

ARTICLE 136 – (1) The plaintiff may submit a response petition to the response within two weeks from the date of notification of the response petition, and the defendant may submit a second response petition within two weeks from the date of notification of the plaintiff’s response.

(2) The provisions regarding the plaintiff’s response to the answer and the defendant’s second response petition shall be applied analogously, unless they are contrary to their nature.

CHAPTER FOUR

Preliminary Review

Scope of the preliminary investigation

ARTICLE 137 – (1) A preliminary examination is conducted after the petitions are submitted to each other. In the preliminary examination, the court examines the case conditions and initial objections, determines the disputed issues in full, carries out the necessary procedures for the parties to present their evidence and collect evidence, encourages the parties to conciliation or mediation in cases where they can freely dispose of the case, and records these matters in the minutes.

(2) The investigation cannot be started and a hearing date cannot be given for the investigation before the preliminary investigation is completed and the necessary decisions are taken.

Decision on the circumstances of the case and preliminary objections

ARTICLE 138 – (1) The court first decides on the case conditions and preliminary objections based on the file; if necessary, it may hear the parties in a preliminary examination hearing before making its decision.

Invitation to the preliminary examination hearing

ARTICLE 139 – (1) After the petitions are submitted to each other and the examination specified in the above articles is completed, the court determines a hearing date for the preliminary examination and notifies the parties. (Amended sentence: 22/7/2020-7251/13 art.) The following matters shall be warned in the invitation to be issued:

1. a) Other matters regarding the hearing invitation and its results.
2. b) The parties make the necessary preparations for conciliation.
3. c) If only one of the parties attends the hearing and wishes to continue the trial, the absent party cannot object to the proceedings taken in his absence.
4. c) Within a definite period of two weeks from the notification of the invitation, the parties must submit to the court the documents they have indicated in their petitions but have not yet submitted, or make the necessary explanations in order to obtain documents to be obtained from elsewhere. If these matters are not fulfilled within the given period, it will be decided that they will be deemed to have abandoned relying on that evidence.

Preliminary examination hearing

ARTICLE 140 – (1) In order to decide on the conditions of the case and the preliminary objections during the preliminary examination hearing, the judge hears the parties if he deems it necessary; then, within the framework of the parties’ claims and defenses, he determines one by one the issues on which they agree and disagree.

(2) After determining the issues in dispute, the judge shall enlighten the parties about the principles, process and legal consequences of conciliation and mediation and encourage them to conciliation or mediation; if he/she is of the opinion that a result can be achieved in this regard, he/she shall appoint a new hearing date, once only.

(3) At the end of the preliminary examination hearing, whether the parties have achieved a result from the conciliation or mediation activity, and if no result is achieved, the issues on which they could not agree are recorded in a report. This report is signed by the parties present at the hearing. The investigation is conducted on the basis of this report.

(4) The preliminary examination is completed in a single hearing. In cases of necessity, a new hearing date is determined only once.

(5) (Amended: 22/7/2020-7251/14 art.) The party that does not submit the documents indicated in their petition or does not make the necessary explanation for the production of the documents despite the warning made in accordance with article 139 shall be deemed to have waived relying on these evidences.

Extension or modification of claim or defense

ARTICLE 141- (1) (Amended: 22/7/2020-7251/15 art.) The parties may freely expand or change their claims or defenses with their response and second response petitions. The claim or defense cannot be expanded or changed after the petitions are submitted to each other.

(2) The provisions for amendment and the explicit consent of the other party regarding the expansion and change of the claim and defense are reserved.

Decision on deadlines

ARTICLE 142 – (1) After the preliminary examination hearing is completed, the judge examines and decides on the objections and defenses regarding the limitation periods and the statute of limitations before starting the investigation.

CHAPTER FIVE

Investigation and Special Circumstances During Investigation

FIRST DISCRIMINATION

Investigations

Subject of the investigation

ARTICLE 143- (1) All claims and defenses put forward by the parties in the case are examined together.

(2) In order to simplify or shorten the trial, the judge may, ex officio or upon the request of one of the parties, decide to examine one or part of the claims or defences before the other at each stage of the investigation.

Hearing of the parties

ARTICLE 144 – (1) During the investigation phase, the court may invite both parties in accordance with the procedure and hear the facts alleged in the case.

(2) The period the court will give to the two parties to come to court to be heard is not more than two weeks. This period cannot be less. If necessary, the court may extend this period ex officio. or it may be extended or shortened upon the request of either party.

Subsequent presentation of evidence

ARTICLE 145 – (1) The parties cannot present evidence after the period specified in the Law. However, if the presentation of evidence later does not have the purpose of delaying the trial or if the failure to present it in due time is not due to the fault of the relevant party, the court may allow that evidence to be presented later.

Clarifying the case with available evidence

ARTICLE 146- (1) The court, as indicated by the parties, After examining the evidence, if he finds that the case has been illuminated sufficiently for trial and judgment, he notifies them that the investigation has ended.

SECOND DIFFERENCE

Hearing

Invitation of the parties to the hearing

ARTICLE 147- (1) After the completion of the preliminary examination phase, the parties are invited to the hearing for investigation and oral hearing.

(2) In the invitation to be sent to the parties, it shall be notified that if they fail to appear in court on the specified day and time without a valid excuse, the hearing will continue in their absence and they will not be able to object to the proceedings, the oral hearing will begin at the hearing where the investigation is concluded, and that if the hearing is postponed for the oral hearing, no separate invitation will be sent to the parties and, without prejudice to the provisions of Article 150, the verdict will be given in their absence.

Court working hours

ARTICLE 148 – (1) Courts shall serve on official working days and hours. However, in cases of necessity or where delay would cause harm, it may be decided that procedures such as discovery, detection of evidence and matters listed in the daily hearing list shall be carried out on official holidays or outside working hours.

Conducting hearings through audio and video transmission or elsewhere

ARTICLE 149- (Amended with its title: 22/7/2020-7251/17 art.)

(1) Upon the request of one of the parties, the court may decide that the requesting party or its attorney may attend the hearing and carry out procedural procedures from where they are located by means of simultaneous audio and video transmission.

(2) The court may, ex officio or upon the request of one of the parties, decide to hear the witness, expert or specialist simultaneously through audio and video transmission from where they are located.

(3) In cases and matters over which the parties cannot freely dispose, the court may decide ex officio to hear the parties concerned from where they are by means of simultaneous audio and video transmission.

(4) The court may decide to hold the hearing at another location within the provincial borders due to actual obstacles or security reasons, after obtaining the approval of the justice commission of the regional court of justice within whose jurisdiction it is located.

(5) The procedures and principles regarding the implementation of this article are determined in the regulation.

Failure of the parties to attend the hearing, consequences and the case being deemed not to have been opened

ARTICLE 150 – (1) Parties who have been duly invited, If they do not attend the hearing or if they come but declare that they will not follow up on the case, the file is decided to be removed from processing.

(2) If one of the duly summoned parties attends the hearing and the other does not, upon the request of the party that attends, the trial shall continue in the absence of the absent party or the file shall be dismissed. A party that does not attend the hearing without a valid excuse cannot object to the proceedings carried out in his absence.

(3) In cases where the parties must apply for a hearing date, and if the date has not been determined, the file will be removed from the process after one month has passed from the last transaction date.

(4) A case whose file has been removed from the process may be renewed upon the application of one of the parties by petition within three months from the date of removal from the process. The petition for renewal shall be notified to the parties together with the date, time and place of the hearing. If a request for renewal is made after one month from the date of removal from the process of the file, a new fee shall be charged, this fee shall be paid by the party renewing the case and cannot be charged to the other party. The case renewed by paying such a fee shall be deemed to be the continuation of the old case.

(5) Cases that are not renewed within three months from the date of removal from process are deemed not to have been opened as of the date the period expires and the court automatically decides and closes the record.

(6) A case that has been decided to be withdrawn from the process and then renewed cannot be left untried more than once after the first renewal. Otherwise, the case is deemed not to have been filed. 

(7) Even if a claim is deemed not to have been filed for any reason, it is deemed not to have occurred.

Hearing order

ARTICLE 151- ( 1) The judge shall prevent anyone who disrupts the order of the hearing from doing so and, if necessary, order them to be immediately removed from the courtroom, with the exception of lawyers.

(2) If a person continues to disrupt the order of the court or to speak or behave inappropriately in the presence of the court despite a warning, he shall be immediately arrested and subject to disciplinary detention for up to four days. The provision of this paragraph shall not apply to lawyers.

(3) An act that disrupts the order of the court or an inappropriate utterance before the court. If the unlawful words or behavior constitute a crime, this situation is sent to the Office of the Chief Public Prosecutor with a report and, if necessary, a decision is made to arrest the perpetrator, excluding lawyers.

Asking questions

ARTICLE 152 – (1) The attorneys of the parties attending the hearing may directly ask questions to the witnesses, experts and other persons called to the hearing in accordance with the hearing discipline. The parties may ask questions through the judge. In case of an objection to the question asked, the judge decides whether the question should be asked or not.

(2) In collective courts, each judge may ask questions to the persons specified in the first paragraph.

Recording and broadcasting ban

ARTICLE 153- (1) During the hearing, no photographs may be taken and no audio or video recordings may be made in any way. However, provided that the case file is kept confidential, the court may take and record the footage in cases where the trial requires it. Such footage and recordings, as well as any documents and minutes in the case file containing matters concerning personal rights, may not be published anywhere without the express permission of the court and the relevant persons.

(2) The person who acts contrary to this prohibition during the hearing shall be subject to Article 151. the provision of the article shall be applied.

(3) The provisions of Article 286 of the Turkish Penal Code shall also apply to the person who violates the recording and broadcasting ban.

Amount

ARTICLE 154 – (1) The judge, during the investigation and trial proceedings, records the verbal explanations of the two parties and other interested parties, if necessary in summary form, in the minutes through the court clerk.

(2) The parties or other interested parties may directly record their oral statements in the minutes with the judge’s permission.

(3) The following matters must be recorded in the minutes:

1. a) Name of the court, place, day and time of the hearing.
2. b) Names and surnames of the judge, court clerk, parties present and their attorneys, if any, legal representatives, secondary interveners and translator.
3. c) Whether the trial was held in public or in secret.
4. c) Confession, taking of an oath, consent to withdrawal of the lawsuit, waiver of the lawsuit, acceptance of the lawsuit, provided that it is read to the person making the declaration and his/her signature is obtained. related statements and the results of the peace negotiations.
5. d) Statement of the party, witness, expert or specialist, provided that it is read to the person making the statement.
6. e) Summary of proceedings outside the hearing.
7. f) What documents were submitted by the parties.
8. g) The requests of the parties regarding the investigation and the issues that other laws require to be recorded in the minutes.
9. g) Interim decisions and the result of the verdict.
10. h) The manner in which the decision or verdict is announced.

(4) Documents mentioned in the minutes or stated to be placed in the file are also considered as annexes to the minutes.

(5) If the proceedings during the investigation and trial are recorded by technical means, this will be recorded in a report.

Signing the minutes and the situation of those who cannot sign

ARTICLE 155- (1) The minutes shall be signed immediately by the judge and the court clerk.

(2) A person who is unable to sign the report will have their fingerprints taken and the finger it belongs to will be noted. However, those who do not have a finger can use a seal or special sign instead of a signature.

Evidential power of the minutes

ARTICLE 156 – (1) Preliminary examination, investigation and trial proceedings can only be proven by means of a report.

Obligation to have a court clerk

ARTICLE 157- (1) The presence of the court clerk is mandatory in all proceedings to be held in the court or outside the court in the presence of a judge.

(2) If the court clerk is unable to perform his duties due to legal or actual obstacles and there is a risk of delay in the work , another person may be appointed as the court clerk, provided that an oath appropriate to the nature of the duty is taken.

Providing a copy of the minutes

ARTICLE 158 – (1) Copies of all or part of the minutes shall be given to the parties or secondary interveners upon request. These copies shall bear the seal of the court and shall be certified by the clerk with signature that they are true to the original.

(2) Copies of documents that are annexes to the minutes and are within the scope of the confidentiality decision can only be given with the permission of the judge.

Adding documents to a file and sending the file to another location

ARTICLE 159 – (1) All kinds of petitions and documents submitted to the court regarding the case are placed in the file by the court clerk after being referred to the judge or the chief clerk.

(2) When the file needs to be sent to another official authority, the judge may, ex officio or upon request, decide to send a certified copy of a document in the file instead of the original.

Series list

ARTICLE 160- (1) The court clerk must prepare a series of lists showing all types of documents in the file. Documents submitted or withdrawn from the file are immediately recorded in this list.

Examination of the file by the parties and interested parties

ARTICLE 161 – (1) The parties or secondary interveners may examine the case file under the supervision of the court clerk. Those who are related to the case may also examine the file provided that they can prove it and with the permission of the judge.

(2) Inspection of documents and minutes that have been decided to be kept confidential is subject to the explicit permission of the judge.

Keeping the file ready for the judge’s review

ARTICLE 162- (1) The court clerk is responsible for submitting the case file to the judge for review before the trial and when necessary, and for receiving it in full and on time.

THIRD SECTION

Preliminary Problem and Suspension Problem

Raising the preliminary question

ARTICLE 163 – (1) If a preliminary issue arises regarding the case during the trial, the relevant party may raise it by submitting a petition or verbally during the hearing.

Examining the preliminary question

ARTICLE 164 – (1) If the judge finds that the preliminary issue put forward by one of the parties is worth examining, he shall notify or notify the other party to submit his response, together with evidence, if any, within the period he determines.

(2) If there is a disagreement between the parties on the preliminary issue, the judge makes his decision after inviting and hearing the parties, if necessary.

(3) The judge shall announce or notify the parties of his decision on the preliminary issue.

The waiting problem

ARTICLE 165- (1) A decision can be given in a case, another case, the determination of the administrative authority or if it depends partially or completely on whether there is a legal relationship related to the subject of the case, the trial may be postponed until the conclusion of the case or the decision of the administrative authority.

(2) If the examination and conclusion of a case depends on the resolution of another case or an administrative authority, the court shall grant the relevant party an appropriate period of time to apply to the competent court or administrative authority. If the relevant party fails to apply to the competent court or administrative authority within this period, the relevant party shall be deemed to have waived its claim in this regard and a decision shall be made on the main case.

FOURTH SECTION

Consolidation and Separation of Cases

Consolidation of cases

ARTICLE 166 – (1) In case of a connection between the cases filed in the same courts of law of the same level and title within the same jurisdiction, the cases may be consolidated at any stage of the case upon request or automatically in the court where the first case was filed. The consolidation decision shall be is given by the court where the case was filed and this decision is binding on the other court.

(2) If the cases are filed in civil courts of the same level and status located in different jurisdictions, a request for consolidation due to connection may be made from the court where the second case was filed. The court where the first case was filed is bound by the acceptance of the request and the finalization of the decision regarding the consolidation of the cases.

(3) The decision to merge shall be immediately notified to the court where the first case was filed.

(4) If the cases arise from the same or similar reasons or if the decision given regarding one of them affects the other, a connection is deemed to exist.

(5) It may be decided to combine cases for which appeals should be conducted in separate chambers in accordance with the provisions of this article. In this case, the appeals shall be conducted in the regional court of justice chamber that examines the decision regarding the main legal relationship that gave rise to the dispute in the combined cases.

Separation of cases

ARTICLE 167- (1) In order to ensure the proper conduct of the trial, the court may decide to separate cases that were filed together or were later combined, at any stage of the case, upon request or on its own initiative. In such a case, the court continues to hear the cases that were decided to be separated.

Legal remedies

ARTICLE 168 – (1) Appeals can be taken against decisions of the first instance courts on the unification and separation of cases heard in civil courts of the same level and status within the same jurisdiction, and appeals can be taken against decisions of the regional courts of justice only together with the judgment. However, this issue alone does not constitute a reason for the judgment to be annulled and reviewed on the merits in the regional court of justice, or for reversal in the Court of Cassation.

FIFTH SECTION

Istcjap

Subject

ARTICLE 169 – (1) The court may decide on the request of each party on its own initiative or upon request.

(2) The appeal is about the facts that form the basis of the case and the issues related to it.

Will be sought Identification of persons

ARTICLE 170 – (1) Persons with authority to represent legal entities are requested.

(2) In relation to a transaction made on behalf of a minor or a restricted person, the legal representative of that person is requested.

(3) The provision of the second paragraph shall not apply in cases where the right to sue is granted to minors or disabled persons.

Inviting the party to be interviewed

ARTICLE 171 – (1) An invitation is sent personally to the person whose request has been decided, and the request is made on the specified day and time. It is stated that he/she must be present. In addition, the facts that are the subject of the request are stated in the invitation; a warning is also made that if the relevant party does not come without a valid excuse or does not come and answer the questions, he/she will be deemed to have admitted the facts that are the subject of the request.

(2) If the summoned party fails to appear without excuse or if he appears and leaves the questions unanswered, the facts asked by the court are deemed to have been admitted.

Being personally interviewed

ARTICLE 172 – (1) The person to be questioned must appear in person. However, if the person to be questioned lives outside the province where the court is located and it is not possible to question him/her through simultaneous audio and video transmission at the place where he/she is located, the questioning shall be made through rogatory.

(2) If the person to be interviewed is unable to come to court in person due to illness, disability or similar reasons, the interview will be conducted where he or she is located.

Making the istchab

ARTICLE 173- (1) The person whose request for an appeal is decided shall be personally called upon.

(2) Before starting the examination, the judge shall examine the person being examined. reminds the party that he/she must tell the truth.

(3) During the interview, the opposing party and their attorneys may be present.

(4) The interlocutor cannot use written notes without the permission of the court.

Preparation of minutes

ARTICLE 174 – (1) At the end of the interview, a report is prepared. The statements made by the interviewed party, the questions asked and the answers given are recorded in the report. After the report is read in the presence of the parties, it is signed by the six interviewed parties. If the interviewed party refuses to sign the report without a justified reason, this situation is recorded in the report by the judge.

Provisions to be applied by analogy

ARTICLE 175- (1) The provisions of articles 249, 250, 259 to 263 regarding testimony shall also apply to the interrogation, as long as they do not conflict with its nature.

SIXTH SECTION

Correction of Corrective and Material Errors

Scope and number

ARTICLE 176 – (1) Each party may partially or completely amend the procedural acts it has carried out.

(2) In the same case, the parties may apply for amendment only once.

Time and form of reclamation

ARTICLE 177- (1) Reform can be carried out until the end of the investigation.

(2) (Added: 22/7/2020-7251/18 art.) When the file is sent to the first instance court after the Supreme Court’s reversal decision or the regional court of justice’s annulment decision, if the first instance court takes any action regarding the investigation, amendments may be made until the investigation is concluded. However, the legal situation that arises by complying with the annulment decision cannot be eliminated.

(3) Amendment may be made verbally or in writing. If the other party is not present at the hearing or if the request for amendment is made outside the hearing, this written request or a copy of the minutes shall be notified to the other party for the purpose of informing them.

Litigation expenses arising from the amendment and compensation for damages to the other party

ARTICLE 178 – (1) The amending party shall be liable for the litigation expenses incurred for the transactions that became invalid due to the amendment. The court must deposit the amount of security determined by the judge to cover the damages suffered or may be suffered by the other party to the court treasury within one week. Otherwise, the amendment shall be deemed not to have been made.

(2) After the damage of the other party is determined accurately, the amount deposited to the court treasury is completed if it is insufficient, and returned if it is excessive.

Effect of breeding

ARTICLE 179- (1) Amendment results in all procedural steps being deemed not to have been taken from the point that the party making it extends.

(2) However, confessions, witness statements, expert reports and statements, discovery and reconciliation minutes, and the offer, refusal or repetition of an oath that has been fulfilled or has not yet been fulfilled, provided that the other party has notified before the amendment that it will fulfill it, cannot be invalidated by the amendment.

(3) However, if, according to the results of the investigation to be carried out after the amendment, these transactions do not need to be taken into account, they are deemed not to have been carried out.

Complete rehabilitation of the case

ARTICLE 180 – (1) The party who notifies that he/she has completely amended his/her case must submit a new petition within one week from this notification. Otherwise, the right to amend shall be deemed to have been exercised and the case shall continue as if the amendment had never been made.

Partial reclamation

ARTICLE 181- (1) Those who apply for partial reform The party is given a period of one week to carry out the amended procedural action. If the amended action is not carried out within this period, the case continues as if the amendment had never been carried out.

Malicious correction

ARTICLE 182- (1) If it is understood through evidence or indications that the amendment was made with malicious intentions such as prolonging the case or disturbing the other party, the court shall make a decision without taking the amendment into consideration. In addition, the judge shall sentence the person who applied for the amendment in malicious faith to pay all damages suffered by the other party and to a disciplinary fine of five hundred to five thousand Turkish Lira.

Correction of material errors

ARTICLE 183 – (1) Obvious spelling or calculation errors in the documents in the case file of the parties or the court may be corrected until the decision is made. If the trial is prolonged as a result of the correction of a spelling or calculation error by one of the parties, this situation is also taken into account in determining the trial expenses.

SEVENTH SECTION

Investigation in Collective Tribunals

(Added: 22/7/2020-7251/19 art.)

Investigation in collective courts

ARTICLE 183/A- (Added: 22/7/2020-7251/19 art.)

(1) All stages of the trial in cases and matters falling within the jurisdiction of the collective court, including temporary legal protection measures such as detection of evidence, provisional seizure and precautionary measures requested before or after the lawsuit is filed, are carried out and decided by the panel.

(2) The board may decide that the investigation be conducted by a member appointed as an investigating judge, depending on the nature of the case or case, without prejudice to the provisions of other laws.

(3) In cases or cases where the investigation is conducted by a panel of judges, the president of the court may appoint one of the members as a substitute judge to conduct certain investigation procedures.

(4) The court president ensures that the court operates in harmony, efficiently and orderly, and takes the measures he deems appropriate in this regard.

CHAPTER SIX

Conclusion of Investigation and Oral Trial

End of investigation

ARTICLE 184- (1) After examining the claims and defenses of the parties and the evidence collected, the judge gives the floor to the parties present at the hearing so that they can make a statement about the entire investigation.

(2) If the court finds that there is no matter requiring further investigation after the parties have explained the entire investigation, it notifies the parties that the investigation has ended.

End of investigation in collective courts

ARTICLE 185- (1) In collective courts, if the judge assigned to conduct the investigation is of the opinion that the investigation is complete, he/she gives the file to the presiding judge so that the parties can make statements about the entire case.

(2) If the collective court deems it necessary for the truth to be revealed, it may re-call and hear the witnesses and experts heard by the judge assigned for the investigation, and it may also decide to give or bring evidence that has not been given or brought to the court regarding the material facts of the case. The board may complete the investigation that it deems incomplete, or it may give it to one of the judges.

(3) If the collective court finds that there is no longer any matter requiring investigation after the parties have explained the entire investigation, it declares the investigation concluded.

Oral Trial 

ARTICLE 186- (1) (Amended: 22/7/2020-7251/20 art.) After the court declares that the investigation is over, it proceeds to the oral trial phase in the same hearing. In this case, upon the request of one of the parties, the hearing shall be postponed for a period of not less than two weeks. No separate invitation shall be sent to the parties for the oral trial, whether they are present or not.

(2) In the oral hearing, the court asks the parties for their final words and gives its verdict. (Additional sentence: 22/7/2020-7251/20 art.) However, the provisions of Article 150 are reserved.

PART FOUR

Proof and Evidence

CHAPTER ONE

General Provisions

Subject of the proof

ARTICLE 187- (1) The subject of proof is the contentious facts on which the parties cannot agree and which may be effective in resolving the dispute, and evidence is presented to prove these facts.

(2) Facts that are known to everyone and facts that have been confessed are not considered to be controversial. 

Confession

ARTICLE 188 – (1) Facts that the parties or their attorneys admit before the court are no longer contentious and do not require proof.

(2) The confession cannot be retracted unless it results from a material error.

(3) The confession made during the peace negotiations does not bind the parties.

Right to Proof

ARTICLE 189 – (1) The parties have the right to prove in accordance with the period and procedure specified in the law.

(2) Evidence obtained illegally cannot be taken into account by the court in proving a fact.

(3) Matters that the law requires to be proven with certain evidence cannot be proven with other evidence.

(4) The court decides whether the evidence presented to prove a fact is permissible or not.

Burden of proof

ARTICLE 190- (1) Unless there is a special provision in the law, the burden of proof belongs to the party who derives his right from the legal consequence attached to the alleged fact.

(2) The party relying on a legal presumption has the burden of proof only with respect to the fact underlying the presumption. Except for the exceptions provided for by law, the opposing party may prove the contrary to the legal presumption.

Counter-evidence

ARTICLE 191- (1) The other party may present evidence that the claim of the party bearing the burden of proof is not true. The party presenting evidence for counter-evidence is not deemed to have assumed the burden of proof.

Evidence not regulated by law

ARTICLE 192- (1) In cases where the law does not stipulate the obligation to prove with a specific evidence, other evidence not regulated in the law may be used.

Evidence contract

ARTICLE 193 – (1) The parties may decide, in writing or with signed statements to be recorded in the court minutes, that the facts that are required to be proven by specific evidence by law, be proven by other evidence or evidence; and they may also accept that the facts that are not required to be proven by specific evidence, be proven only by specific evidence or evidence.

(2) Evidential contracts that make it impossible or extremely difficult for one of the parties to exercise the right of proof are invalid.

Burden of substantiation and presentation of evidence

ARTICLE 194 – (1) The parties must present the facts on which they rely in a way that is concretizable.

(2) The parties are required to clearly state the evidence on which they rely and which evidence is presented to prove which fact.

Evidence to be brought from elsewhere

ARTICLE 195 – (1) In order for the evidence that is not in the possession of the parties and decided to be examined to be brought, the court shall notify the relevant official authorities and third parties about this matter. Evidence that cannot be brought to the court may be examined or heard where it is located.

Don’t give up evidence

ARTICLE 196- (1) The party presenting evidence cannot waive reliance on that evidence without the express permission of the other party.

Examination of evidence and rogatory

ARTICLE 197 – (1) Except for the cases specified by law, the evidence shall be examined together, as much as possible, and in the same hearing before the court hearing the case. In cases of necessity, the examination of some evidence may be postponed to another hearing.

(2) Evidence located elsewhere and that cannot be brought to court may be collected by means of rogatory at that location.

(3) During the examination of evidence or the hearing of statements, the parties may be present at the court to which the rogatory is addressed and may exercise their right to make a statement regarding the evidence. In order to ensure this, the parties are informed of the date and place of the examination. Upon this invitation, the evidence is examined or statements are heard even if the parties are not present at the court to which the rogatory is addressed.

Evaluation of evidence

ARTICLE 198 – (1) Except for legal exceptions, the judge evaluates the evidence freely.

CHAPTER TWO

Documents and Promissory Notes

Document

ARTICLE 199 – (1) Data such as written or printed texts, promissory notes, drawings, plans, sketches, photographs, films, images or sound recordings, electronic data and similar information carriers that are suitable for proving the facts in dispute are documents according to this Law.

Obligation to prove by document

ARTICLE 200 – (1) Legal transactions made for the purpose of creation, termination, transfer, change, renewal, postponement, acknowledgement and redemption of a right must be proven by a document if their amount or value at the time they are made exceeds two thousand five hundred Turkish Lira. Even if the amount or value of these legal transactions falls below two thousand five hundred Turkish Lira for a reason such as payment or relief from debt, they cannot be proven without a document.

(2) In matters that need to be proven by document in accordance with this article, witnesses may be heard with the express consent of the other party, by reminding the regulation in the first paragraph.

Prohibition on proving the case with a witness against the document

ARTICLE 201 – (1) Legal transactions that are put forward against any kind of claim attached to the document and that would eliminate or reduce the validity and force of the document cannot be proven by witnesses even if they are for an amount less than two thousand five hundred Turkish Liras.

Beginning of evidence

ARTICLE 202- (1) In cases where there is a requirement for proof by document, a witness can be heard if the beginning of evidence is found.

(2) The beginning of evidence is a document that is not sufficient to prove the legal transaction in question completely, but which shows the legal transaction in question to be probable and which is given or sent by the person against whom the claim is made or his representative.

Exceptions to the obligation to prove by document

ARTICLE 203- (1) Witnesses may be heard in the following cases:

1. a) Transactions between lineal descendants and ascendants, siblings, spouses, father-in-law, mother-in-law and bride and groom.
2. b) Legal transactions that are customarily not to be documented, depending on the nature of the work and the situations of the parties.
3. c) Transactions carried out in cases where it is impossible or extremely difficult to obtain a promissory note, such as fire, marine accident, earthquake.
4. c) Allegations of lack of will and excessive use in legal proceedings.
5. d) Third party claims of collusion against legal transactions and bills.
6. e) If there is evidence or signs that would strengthen the belief that a document has been lost in the hands of its owner due to an unexpected event or compelling reason, or in the hands of an official or notary public to whom it was delivered in accordance with the procedure.

The evidentiary power of deeds and official documents

ARTICLE 204 – (1) Notarial deeds in the form of decrees and regulations are considered conclusive evidence unless proven to be forgeries.

(2) Deeds certified by notaries based on the declaration of the relevant parties and documents duly prepared by other authorized officers within the scope of their duties are considered conclusive evidence until proven otherwise.

(3) If the court finds anything that raises doubts about one of the above documents, it may request an explanation from the relevant department.

Probability of ordinary promissory notes

ARTICLE 205 – (1) Ordinary bills confessed before the court or accepted by the court as originating from the denier are considered conclusive evidence unless the contrary is proven.

(2) Electronic data created with a secure electronic signature in accordance with the procedure shall be deemed as promissory note.

(3) The judge shall examine ex officio whether the electronically signed document submitted to the court as evidence has been created with a secure electronic signature.

The situation of those who cannot sign

ARTICLE 206 – (1) Documents containing legal transactions to be carried out by those who cannot sign because they cannot read and write, by using a seal or a tool or fingerprint, are subject to their being prepared in a draft form by notaries.

(2) (Added:22/7/2020-7251/21 art.) Documents containing legal transactions to be carried out by those who can read and write but cannot sign by using a seal, a tool or fingerprints must be approved or drawn up by notaries in order to be considered as promissory notes.

(3) For those who cannot sign, it is sufficient for the seal, engraved signature, mark or fingerprint to be used in transactions with institutions that have adopted the practice of doing business with a wallet to be printed on the account book or wallet at the beginning of the transaction or to be approved in advance by a notary public and a copy of it to be kept, and it is not subject to approval for each transaction.

(4) No duty, tax or valuable paper fee will be collected from the person concerned for the promissory notes to be approved or prepared by notaries in accordance with the above-mentioned provisions.

Protrusion, engraving and erasure in the bill

ARTICLE 207- (1) If the protrusion, engraving or erasure in the document is not separately approved, it will not be taken into consideration in the case of denial. If such protrusion, engraving or erasure is deemed by the court to affect the validity and meaning of the document, the document may be declared partially or completely invalid.

Denial of writing or signature

ARTICLE 208- (1) If a party wishes to deny the writing or signature on a document allegedly made by him, he must allege forgery; otherwise, the document will be used as evidence against him.

(2) When a document is alleged to be forged, the court shall take the necessary measures to ensure that the document is preserved by writing the date it was submitted to the court and sealing it.

(3) A person who claims that a document is forged may raise this issue as a preliminary issue in the same court or may file a separate lawsuit on this issue.

(4) The claim of the party denying the writing or signature on an official document can only be examined and decided in a separate lawsuit filed by the party who also names the person who made the relevant document official. If necessary, the judge who is hearing the main lawsuit may give the party denying the signature or writing two weeks to file a lawsuit. gives an exact time.

Consequence of denial of writing or signature

ARTICLE 209 – (1) When the writing or signature on an ordinary promissory note is denied, that promissory note cannot be used as the basis for any transaction until a decision is made on this matter.

(2) If the writing or signature on an official document is denied, and the forgery of the writing or signature on the document is proven by a court decision, this document cannot be used as the basis for any transaction.

(3) The precautionary measure given based on the document is not affected by the allegation of fraud regarding that document and the document holder may request new measures to protect his rights when necessary.

Denial of a secure electronically signed document

ARTICLE 210 – (1) In case of denial of data created with a secure electronic signature, if the judge cannot reach a conclusion after hearing the party denying the data, an expert examination shall be sought.

Fraud investigation

ARTICLE 211 – (1) In case of a claim that a document is forged, the decision is made first by examining it in the following order, taking into account the explanations of the other party:

1. a) If the judge cannot reach an opinion after examining the party denying the writing or signature, he/she evaluates the documents and other evidence obtained by having the person write and sign in his/her presence. If the judge is in a position to make a decision on the forgery without needing any further examination, he/she makes a decision on the forgery of the document, clearly stating the reason. The person invited to the court for examination If the party is not present on the specified day, he/she is deemed to have acknowledged the writing or signature in the document which he/she denied; this fact is also notified in the invitation to be issued to him/her.
2. b) If the judge does not have a definite opinion on the issue of forgery despite the examination conducted in accordance with the provision of subparagraph (a), he/she decides on an expert examination. Before the expert examination, if any, the writings and signatures belonging to that party that are suitable for comparison are brought from the relevant places. The expert conducts the examination based on these writings and signatures and the writings and signatures obtained in that court. If the expert deems it necessary for the examination, he/she may request the court to have the party write or sign again in his/her presence.

Cancellation of forged promissory note

ARTICLE 212- (1) Once the decision that a bill is forged is final, the bill is cancelled by writing at the bottom of the bill that it is forged. In official bills, the original of the bill in the relevant office is also cancelled in this way.

Unjustified claim of fraud

ARTICLE 213 – (1) If the party who is proven wrong as a result of the allegation of fraud is in bad faith, he/she is sentenced to pay the hearing fee for each hearing postponed for this reason and, if requested, to compensate the damages suffered by the other party for this reason.

(2) If the signature or writing on the official document is denied, the above fee amount will be doubled.

(3) If the parties give up their claims of fraud before the decision to conduct an expert examination, the judge may reduce the compensation or may not award compensation.

The impact of civil and criminal court decisions on fraud

ARTICLE 214- (1) Once the decision of the civil court that the document is not a forgery becomes final, the claim of forgery regarding the document in question cannot be heard in the criminal court .

(2) The fact that the criminal court has ruled that the person who prepared the document should not be punished or has acquitted him/her does not prevent the civil court from examining the forgery of the document.

Use of documents against successors and ordinary promissory notes having force on third parties

ARTICLE 215 – (1) Documents that can be used as evidence against a person are not used as evidence against the successors of that person. also constitutes evidence.

(2) (Added: 22/7/2020-7251/22 art.) In respect of an ordinary promissory note, if it is duly approved by the notary or authorized officer to whom it is presented, the date of presentation, if it is the subject of an official transaction, the date of transaction, if one of the signatories has died, the date of death, if one of the signatories has effectively become unable to sign, the date of the event that eliminated this opportunity, shall also be effective in respect of third parties. The dates of other promissory notes mentioned in the ordinary promissory note shall only be effective in respect of third parties on the date on which the date of the last promissory note is deemed to have been approved.

Requesting and returning the original document by the court

ARTICLE 216 – (1) In cases where only a copy of the document is submitted to the court, the court may, on its own initiative or upon the request of one of the parties, request the original of the document to be submitted.

(2) The party, third party or official authorities that holds the original of the document must submit it to the court upon request.

(3) If the original document is given, the court shall take the necessary measures to preserve the document or may return it to the person who submitted the document to be given again when requested.

(4) If one of the parties submits the original of the document to the court, he/she may request the return of this document. In this case, the judge decides whether the original of the document will be returned or not. When a decision is made to return it, a copy certified by the court seal and the signature of the clerk of the court as being true to the original is placed in the file.

Procedure for presenting the original document

ARTICLE 217- (1) When the original of a document that a person or institution has and needs to be delivered to the court is requested, the copy is approved by the court of first instance where the person or institution is located or where the document will be delivered. The original is sent or delivered to the court.

(2) Approved by the court A copy of the document shall be deemed as the original.

On-site examination of the document

ARTICLE 218 – (1) Documents that are difficult or objectionable to bring to court shall be examined on-site by the judge or the expert he/she assigns, or the copies of these documents submitted to the court shall be compared with the originals. At the end of the examination, a report shall be drawn up and, if deemed necessary, the original of the document shall be recorded using appropriate technical means.

(2) If the execution of a court order is prevented without a justified reason, the judge will impose a disciplinary fine of five hundred to five thousand Turkish Lira on the person obstructing the order and the expenses caused. If necessary, the use of force may also be ordered.

The obligation of the parties to present documents

ARTICLE 219- (1) The parties are required to submit to the court all documents in their possession that they or the other party rely on as evidence. Electronic documents are submitted to the court by printing them and saving them in an electronic environment that is convenient for review when requested.

(2) Only certified copies of the relevant parts of regularly used documents, such as commercial books, may be submitted to the court.

Failure of the party to present the document

ARTICLE 220 – (1) If the court is satisfied that the document requested to be produced is necessary to prove the alleged issue and that this request is in accordance with the law, and the other party admits that they have this document or remains silent on the request made, or if the existence of the document is understood by an official record or is admitted in another document, the court gives a definite period for the production of this document.

(2) The party who denies having the document requested to be produced by the court shall be asked to swear an oath that he does not have such a document, that he could not find it despite searching carefully, and that he does not know where it is.

(3) If the party ordered to produce the document does not produce the document within the time limit granted to him, and does not provide an acceptable excuse for not producing it with evidence within the same time limit, or denies that he has the document and does not accept or perform the oath offered, the court may, as the case may be, order the production of the document. may accept the other party’s declaration regarding its content.

Failure of the third party to present the document

ARTICLE 221- (1) If the court decides that a document in the possession of a third person or institution is necessary to prove the issue put forward by the parties, it orders the production of this document.

(2) Anyone who is ordered to present a document must present the document in his/her possession; if he/she cannot present the document, he/she must explain the reason for this together with evidence. If the court finds the explanation insufficient, it may hear that person as a witness.

(3) Those who are required to present the document may refrain from presenting the document or from testifying on this matter, in accordance with the provisions regarding refraining from testifying. The provisions regarding witnesses apply to those who are required to present the document or to testify on this matter.

Presentation of commercial books and their use as evidence

ARTICLE 222 – (1) In commercial cases, the court may decide on its own initiative or upon the request of one of the parties to present the commercial books of the parties.

(2) In order for commercial books to be accepted as evidence in commercial cases, they must be kept completely and properly in accordance with the law, opening and closing approvals must be made, and the book records must confirm each other.

(3) In order for commercial book records kept in accordance with the conditions specified in the second paragraph to be accepted as evidence in favor of the owner and his/her successors, the records in the commercial books of the other party kept in accordance with the same conditions must not contradict them or the other party must not present its commercial books or the contrary of the book records must not be proven by promissory notes or other definitive evidence. (Additional sentence: 22/7/2020-7251/23 art.) If the commercial books of the other party kept in accordance with the conditions specified in the second paragraph do not contain any records in the relevant matter, the commercial books cannot be used as evidence in favor of the owner. The records in favor of and against the owner in the books kept in accordance with these conditions cannot be separated from each other.

(4) Commercial book records that do not have opening or closing approvals and whose records do not confirm each other will be evidence against the owner.

(5) Even if one of the parties is not a merchant, he/she states that he/she will accept the records in the commercial books of the other party who is a merchant; however, if the other party avoids presenting the books, the party requesting the presentation is deemed to have proven his/her claim.

Documents written in foreign languages

ARTICLE 223- (1) The party relying on a document written in a foreign language must also submit a translation to the court.

(2) The court may, on its own initiative or upon the request of the other party, request an official translation of the document.

The obligation to have foreign official documents approved by the competent authorities

ARTICLE 224 – (1) The status of official documents prepared by foreign state authorities in Turkey depends on their approval by the competent authority of the state where the document was issued or the relevant Turkish consular authority.

(2) The provisions of international agreements to which Türkiye is a party regarding the certification of foreign official documents are reserved.

CHAPTER THREE

Oath

Subject of the oath

ARTICLE 225- (1) The subject of the oath is the facts that are important for the solution of the case, are contentious and originate from the person himself. A person’s knowledge of a matter is considered as a fact originating from him.

Cases that cannot be subject to oath

ARTICLE 226- (1) The following points cannot be subject to oath:

1. a) Facts over which the parties cannot freely dispose.
2. b) Cases where the expression of intent of the two parties is not deemed sufficient by law for the validity of a transaction.
3. c) Events that may affect the honor and dignity of the person taking the oath or expose him to criminal investigation or prosecution.

Oath proposal

ARTICLE 227- (1) Even the party who has declared that he has evidence other than oath to prove the fact in dispute may propose an oath.

(2) After the person to whom the oath is offered declares that he is ready to take the oath, the other party cannot withdraw his offer and rely on any other evidence or present new evidence. 

Invitation to the oath

ARTICLE 228 – (1) If the person to whom the oath is offered is not present in person at the hearing, he/she will be issued an invitation to take the oath.

(2) In the invitation to take the oath, it shall be written that if the person fails to appear in person at the court on the day and time appointed for the oath without a valid excuse, or if he/she does not return the oath or refrains from taking the oath, he/she will be deemed to have confessed to the facts that are the subject of the oath.

Consequences of not taking an oath

ARTICLE 229 – (1) If the person invited to take an oath does not appear in person at the court on the appointed day and time without a valid excuse, or if he appears but does not recant the oath, or if he avoids taking the oath, he is deemed to have confessed to the facts that are the subject of the oath.

(2) If the person to whom the oath is returned refuses to take the oath, the fact in question is deemed not to have been proven.

Cases where the oath cannot be returned

ARTICLE 230 – (1) If the event constituting the subject of the oath is not caused by both parties but only by the party to whom the oath is offered, the oath cannot be revoked.

Death or loss of legal capacity

ARTICLE 231- (1) If the party taking the oath is a natural person and dies or loses legal capacity before taking the oath, the oath is deemed not to have been offered.

Those who will fulfill the oath

ARTICLE 232- (1) The oath is offered to the party and is either paid or returned by the party.

(2) If one of the parties is a legal entity or a minor or a restricted person, an oath may be taken or remitted by the person or body authorized to represent the legal entity or by the legal representative to prove the fact of a transaction made on their behalf.

(3) The provision of the second paragraph shall not apply in cases where the right to sue is granted to minors or disabled persons.

Form of oath

ARTICLE 233- (1) The oath is taken in the presence of the court.

(2) Before the oath is administered, the judge explains to the person taking the oath what he will swear about, explains the meaning and importance of the oath, and draws his attention to the fact that he will be punished if he swears falsely.

(3) If the person taking the oath claims that the subject of the oath is not clear enough, the judge will immediately make a decision on the matter after receiving the opinion of the opposing party.

(4) Then he asks, “Do you swear on your honour, your dignity and all the beliefs and values that you hold sacred that you will answer the questions asked of you truthfully and that you will not hide anything?” The person is deemed to have sworn by saying, “I swear on my honour, my dignity and all the beliefs and values that you hold sacred that I will answer the questions asked of me truthfully and that I will not hide anything.”

(5) When the oath is taken, everyone present, including the judge, stands up.

Oath of the deaf and dumb

ARTICLE 234- (1) Deaf and mute persons who can read and write shall take an oath by writing and signing their declarations regarding the oath.

(2) Deaf or mute people who cannot read or write take an oath through an expert who understands their signs.

Sick or disabled people taking an oath outside of court

ARTICLE 235- (1) If the person taking the oath is too ill or disabled to come to court, the judge will administer the oath to that person where he or she is. The attorneys of the parties and the opposing party may also be present if they wish.

The person who will swear the oath must be outside the jurisdiction of the court.

ARTICLE 236 – (1) A person who lives outside the jurisdiction of the court must come to the court hearing the case to take the oath. However, if the person taking the oath lives outside the province where the court is located and it is not possible to take the oath simultaneously by means of audio and video transmission, the oath shall be administered by means of a rogatory.

Explanation of the subject of the oath

ARTICLE 237- (1) The judge may ask the person taking the oath questions that he deems relevant to the subject of the oath in order to complete missing points or clarify unclear matters.

Preparation of oath minutes

ARTICLE 238- (1) The judge listens to the statement of the person taking the oath, records it in the minutes and reads it out loud in his presence; if he insists on his statement, asks whether the answer is correct or not and records the answer in the minutes.

Allegation of perjury

ARTICLE 239 – (1) After the oath is taken, a criminal case filed for perjury cannot be made a pending issue for the main case.

CHAPTER FOUR

Witness

Method of presenting a witness

ARTICLE 240- (1) Persons who are not parties to the case may be presented as witnesses.

(2) The party nominating witnesses shall submit to the court a list containing the facts on which he wishes to have witnesses heard, the names and surnames of the witnesses to be heard, and their addresses suitable for notification. Persons not indicated on this list cannot be heard as witnesses, and a second list cannot be provided.

(3) If no address is shown on the witness list or if no witness can be found at the address shown, the party is given a definite period of time appropriate to the nature of the case to show an address. If the address is not shown within this period or the new address shown is not correct, the hearing of this witness is deemed to be waived.

It is sufficient to hear some of the witnesses.

ARTICLE 241 – (1) If the court obtains sufficient information about the matter to be proven through the testimony of some of the witnesses, it may decide not to hear the rest.

Cases where testimony is subject to permission

ARTICLE 242 – (1) Public officials, even if they have resigned from their duties, cannot be heard as witnesses on matters that they are required to keep secret due to their duties, without the written permission of the official authority to which the secret belongs. This permission is given by the members of the Turkish Grand National Assembly for members of parliament, by the President for vice presidents and ministers, and by the minister or the head of the institution to which they are affiliated for others.

(2) Permission cannot be refused unless the testimony is deemed to be contrary to the public interest.

(3) This permission is requested in writing upon a court decision and when the permission is granted, the witness is invited and heard.

Invitation of the witness

ARTICLE 243- ( 1) Witnesses are summoned by invitation. However, witnesses who are present by the parties without being invited are also heard. However, in cases where a definite time is given for the list of witnesses and a hearing date is determined, even if the list is not given, if the party presents them at that hearing, the witnesses are heard.

(2) The invitation must be served at least one week before the hearing date. In urgent cases, it may be decided that the witness will come earlier.

(3) Inviting a witness may be done by means such as telephone, fax, e-mail, etc. However, the consequences attached to failure to appear despite the invitation shall not apply in this case.

Content of the invitation

ARTICLE 244- (1) In the invitation to be sent to the witnesses;

1. a) Name, surname and full address of the witness,
2. b) Names and surnames of the parties,
3. c) The subject on which he/she will testify,
4. c) Place, day and time to be present,
5. d) Legal and criminal consequences of not coming or refraining from testifying or taking an oath despite coming,
6. e) Fees will be paid in accordance with the tariff prepared by the Ministry of Justice,

is written.

Obligation to comply with the call

ARTICLE 245- ( 1) Subject to the provisions of the law, everyone summoned to testify must attend. A witness who fails to appear without giving an excuse despite being duly summoned shall be forcibly brought, and shall be sentenced to pay the expenses incurred by his failure to appear, and to a disciplinary fine of up to five hundred Turkish Lira. If the witness who was forcibly brought subsequently provides reasons justifying his failure to appear, the expenses and disciplinary fines ruled against him shall be waived.

Sending a question paper to the witness

ARTICLE 246- (1) In cases where it is deemed necessary, the judge may decide to send a question paper to the witness so that he/she can provide his/her answers in writing within a specified period, instead of being heard orally. This procedure cannot prevent the judge from assessing whether the answer given by the witness is sufficient for the verdict. If the written answers given are insufficient, the judge may invite the witness to be heard.

Right to refrain from testifying

ARTICLE 247- (1) In cases clearly specified in the law, a person called as a witness may refrain from testifying.

(2) If there are personal reasons for refraining from testifying, the judge shall remind in advance that the person called as a witness has the right to refrain.

Refusal to testify for personal reasons

ARTICLE 248- (1) The following persons may refrain from testifying:

1. a) The fiancée of one of the two parties.
2. b) The spouse of one of the parties, even if the marriage bond has been terminated.
3. c) His/her own or his/her spouse’s descendants or ancestors.
4. c) Those who have an adoption relationship with one of the parties.
5. d) Relatives by blood or in-laws, including the third degree, even if the bond of marriage that created them has been terminated.
6. to) Foster families and their children and children taken into protection.

Refusal to testify because of secrecy

ARTICLE 249 – (1) Persons who are asked to testify about information that must be kept secret by law may refrain from testifying about these matters. However, without prejudice to the provisions of the Lawyers’ Law No. 1136 dated 19/3/1969, if the owner of the secret permits the disclosure of the secret, these persons cannot refrain from testifying.

Danger of breach of interest refrain from testifying because

ARTICLE 250- (1) One may refrain from testifying in the following cases:

248. a) If the witness’s statement will cause direct material harm to himself or one of the persons listed in Article 248.
249. b) The witness’s statement is his own or If it would violate the honor or reputation of any of the persons mentioned in the article or would lead to criminal investigation or prosecution.
250. c) If the witness’s statement will reveal secrets related to his profession or art.

Exceptions to the right to refrain from testifying

ARTICLE 251- (1) In the cases specified in Articles 248 and 249 and paragraph (a) of Article 250;

1. a) A person who was present as a witness during a legal transaction regarding the essence and content of that transaction,
2. b) Regarding events arising from the birth, death or marriage of family members,
3. c) Cases of financial disputes between family members arising from family relationships,

ç) Regarding the works he/she carries out as the legal predecessor or representative of one of the parties,

cannot be denied testimony.

Reporting and examining the reasons for withdrawal

ARTICLE 252- (1) A person who hesitates to testify must state the reason for his/her reluctance and the evidence that will justify this reason, either in writing before the day on which he/she will be heard or verbally at the hearing to which he/she is invited.

(2) A witness who has previously notified the reasons for his/her reluctance and the grounds for it is not obliged to come to court on a certain day.

(3) After hearing the parties present at the hearing, the court decides whether the refusal to testify is justified.

The result of not accepting the hesitation

ARTICLE 253 – (1) If the witness refrains from testifying without giving a legal reason, does not take an oath, or refrains from testifying even though the reason given is not accepted by the court, he/she is sentenced to pay a disciplinary fine of five hundred to five thousand Turkish Lira and to pay the expenses arising from this, and the trial is adjourned to another day for a re-hearing.

(2) If the witness does not answer the questions asked to him or refuses to take an oath, the court will impose disciplinary action for a period not exceeding two weeks. is sentenced to prison.

Identification of the witness

ARTICLE 254 – (1) During the hearing, the witness is first asked to state his/her name, surname, date of birth, profession, address, kinship or other closeness with the parties. is asked whether he/she is present or not and whether he/she has any situation that may affect the confidence to be placed in his/her testimony.

Objection to witnesses

ARTICLE 255- (1) If there are reasons to doubt the accuracy of the witness’s testimony, such as the witness’s benefit in the case, either party may claim and prove this.

Explaining to the witness the importance of his duty

ARTICLE 256 – (1) Before the witness is heard;

1. a) The importance of telling the truth,
2. b) If he does not tell the truth, he will be punished for the crime of giving false testimony,
3. c) He will swear to tell the truth,
4. c) He/she cannot leave the courtroom without the express permission of the presiding judge or the judge during the hearing and may be confronted with other witnesses if necessary,

is explained.

They will be listened to without an oath

ARTICLE 257- (1) The following persons are heard without taking an oath:

1. a) Those who have not completed fifteen years of age at the time of hearing.
2. b) Those who do not have the power of discernment to the extent that they cannot understand the nature and importance of the oath.

Time and form of oath

ARTICLE 258- (1) The oath is taken before the witness is heard.

(2) When the oath is taken, everyone present, including the judge, stands up.

(3) The judge asks the witness, “Do you swear on your honor, your dignity and all the beliefs and values that you hold sacred that the answers you give to the questions that will be asked as a witness will not be contrary to the truth and that you will not hide anything from your knowledge?” The witness responds by saying, “I swear on my honor, my dignity and all the beliefs and values that you hold sacred that I will give the truthful answers to the questions that will be asked, without hiding anything.” The oath is deemed to have been taken.

Hearing of witnesses in court

ARTICLE 259- (1) Witnesses are heard in the court hearing the case.

(2) If necessary to reveal the truth, the court may decide to hear the witness at the place where the incident took place or the thing is located.

(3) The court hears the witness who cannot attend due to illness or disability, at the place where he/she is present.

(4) A decision may be made to hear a witness who is outside the court’s jurisdiction by the court where he/she is located. The parties shall be notified, upon request, of where, on what day and at what time the witness who is decided to be heard by way of a rogatory will be heard. In this case, the judge shall determine the matters on which the witness will be heard.

Informing the witness

ARTICLE 260 – (1) Before the witness is heard, the judge informs him about the incident about which he will testify and asks him to state what he knows about the issues on which he will testify. 

Manner of hearing the witness

ARTICLE 261- (1) Witnesses are heard separately by the judge, and those who have not yet been heard cannot be present in the courtroom while one of them is being heard. Witnesses are confronted when necessary.

(2) The witness shall explain what he knows verbally and shall be heard without interruption. During the hearing, the witness shall not use written notes. However, if the witness tells the judge that he has to look at his writings in order to determine dates and figures or to explain or remember certain matters, the judge may decide to look at his writings immediately or to hear him again at the hearing he determines.

(3) After the witness has finished speaking, the judge may ask further questions to clarify or complete the issues he has expressed.

(4) In a group trial, the presiding judge shall allow each judge to directly question the witness.

(5) The witness’s words are written down in the minutes and read out in front of him, and the witness is asked to sign the bottom of the minutes.

Prohibited behaviors

ARTICLE 262- (1) The parties are prohibited from interrupting the witness, praising or insulting him by words or actions. If the party or his attorney who acts contrary to this continues his behavior despite the warning of the judge, action shall be taken in accordance with Articles 79 or 151.

Use of interpreters and experts

ARTICLE 263- (1) If the witness does not know Turkish, he/she must be heard by an interpreter.

(2) If the witness is deaf and mute but can read and write, the questions are stated to him in writing and his answers are dictated; if he cannot read and write, the judge listens to him with the help of an expert who understands sign language.

Giving false testimony or giving a false testimony and its consequences

ARTICLE 264 – (1) If the judge obtains sufficient evidence or indication that the witness lied during his testimony or gave his testimony for personal gain, he shall prepare a report and immediately send this report to the Office of the Chief Public Prosecutor.

(2) The judge may also decide to arrest the witness and any accomplices to the crime and refer them to the Chief Public Prosecutor’s Office for prosecution.

Fees and expenses to be paid to the witness

ARTICLE 265 – (1) A witness summoned by the court shall be paid a fee proportional to the time lost, according to the tariff prepared by the Ministry of Justice each year. If the witness has to travel to be present, his/her travel expenses, accommodation and food expenses at the place where he/she is summoned to testify shall also be covered.

(2) Fees and expenses to be paid in accordance with the provision of the first paragraph are not subject to any taxes, duties or charges.

CHAPTER FIVE

Expert Review

Situations requiring the consultation of an expert

ARTICLE 266- (1) In cases where the solution requires special or technical knowledge outside the law, the court decides to obtain the opinion and vote of an expert upon the request of one of the parties or on its own initiative. (Amended sentence: 3/11/2016-6754/49 art.) However, an expert witness cannot be consulted on issues that can be resolved with general knowledge or experience or the legal knowledge required by the profession of judge. (Additional sentence: 3/11/2016-6754/49 art.) Persons who have studied law cannot be appointed as experts unless they can document that they have a separate expertise outside the field of law.

Determination of the number of experts

ARTICLE 267 – (1) The court may appoint only one person as an expert. However, it is also possible to appoint a committee consisting of more than one person as an expert, with an odd number of reasons clearly stated.

Appointment of experts

ARTICLE 268- (Strange : 3/11/2016-6754/50 art.)

(1) Experts are selected from among the persons included in the list prepared by the regional expert board based on the jurisdictions of the regional courts of justice. However, if an expert in the relevant field of expertise is on the regional list but is located in a closer distance to the place of assignment, an assignment may be made from this list.

(2) If there is no expert in the field of expertise to be consulted in the list prepared by the regional board, an expert may be appointed from the lists of other regional boards; if he is not there either, an expert may be appointed from outside the lists, provided that he also meets the conditions set forth in the first paragraph of Article 10 of the Expert Witness Law, excluding subparagraphs (d), (e) and (f). Experts appointed from outside the lists shall be reported to the regional board.

(3) Persons and institutions that are required by law to give opinions are primarily consulted as experts on the issues they are assigned to. However, public officials cannot be assigned as experts on cases and matters related to the institutions they are affiliated with.

Scope of expert witness duty

ARTICLE 269 – (1) The duty of expert witness includes complying with the invitation made by the court and being present in court on the appointed day and time, taking an oath and informing the court of his/her vote and opinion on the matter sought for information within the time limit.

(2) The disciplinary provisions regarding testimony shall be applied to experts who, without a valid excuse, comply with the court summons and fail to appear in court on the appointed day and time, or who refrain from taking an oath or expressing their opinion or voting within the prescribed time, and the situation shall be reported to the regional expert board.

Those who are obliged to accept the duty of expert witness

ARTICLE 270 – (1) The persons or organizations listed below are obliged to accept the duty of expert witness:

268. a) Official experts and those included in the lists specified in Article 268.
269. b) Those who cannot practice their profession or craft without knowing the subject to be consulted.
270. c) Those who are officially authorized to practice a profession or art on the subject to be consulted.

(2) These persons may refrain from being experts only on the grounds of reluctance to testify or another reason acceptable to the court.

Having the expert take an oath

ARTICLE 271- (1) Experts who are assigned from among the persons registered on the lists are made to take an oath by repeating the following words before the regional expert board or the provincial judicial justice commission: “I swear on my honor, dignity and all my sacred beliefs and values that I will fulfill my expert duty faithfully and diligently, in accordance with science and technology, in an impartial and objective manner.” These experts are not made to take an oath separately for each case or work they are assigned to; they are only reminded in the letter of assignment that they are obliged to vote and express their opinions in accordance with the oath they have previously taken.

(2) If experts are appointed from among those who are not recorded on the lists, they shall be sworn to the court by the appointing court in the presence of the court before they start their duties, as specified in the first paragraph. The record regarding the oath shall be signed by the judge, the court clerk and the expert. 

Prohibition and refusal of an expert from performing his duty

ARTICLE 272 – (1) The rules regarding the prohibition and grounds for refusal of judges are also applied to experts. However, the fact that the expert has previously been heard as a witness in the same case or case does not constitute a ground for refusal.

(2) If one of the reasons for the prohibition of judges has occurred in the person of the expert, the court may dismiss the expert ex officio at any time until the verdict is given, and the expert may also request the court to dismiss him.

(3) If one of the reasons for rejection occurs in the person of the expert, the parties may request the rejection of the expert, or the expert may reject him/herself. The request for rejection or the rejection of the expert must be made within one week at the latest after the reason for rejection is learned. An oath cannot be offered to prove the reasons for rejection.

(4) The request for dismissal, rejection and rejection of the expert shall be reviewed on file by the court that appointed the expert and a decision shall be reached. Decisions regarding acceptance are final. Legal action may only be taken against decisions regarding rejection together with the decision on the merits.

Determination of the expert’s field of duty

ARTICLE 273- (1) The court must include the following points in its decision regarding the appointment of an expert, taking into account the opinions of the parties:

1. a) The subject of the investigation must be determined clearly and with all its limits.
2. b) Questions that the expert must answer.
3. c) Time period for submission of the report.

(2) The items to be examined are delivered to the expert, attached to the list of documents and, if necessary, sealed, as an annex to the letter of appointment; this is also indicated in the minutes.

Term of office of the expert

ARTICLE 274 – (1) The period to be given for the preparation of the expert report cannot exceed three months. Upon the request of the expert, the court that appointed him may extend the period by a maximum of three months by stating the reason. (Additional sentence: 28/2/2018-7101/56 art.) However, in cases and cases subject to simple trial procedure, these periods are applied as two months.

(2) An expert who fails to submit his report within the specified period may be removed from office and another person may be appointed as an expert. In this case, the court requests the removed expert to provide an explanation of the actions he/she has taken up until the moment he/she was removed from office and also requests the expert to immediately submit to the court the files and attachments submitted to him/her for examination due to his/her duty, in accordance with the list of files. (Amended last sentence: 3/11/2016-6754/53 art.) In addition, without prejudice to the provisions regarding legal and criminal liability, it may be decided that no payment will be made to the expert in the name of fee and expense, and the application of the necessary sanctions is requested from the regional expert board, stating the reason.

Obligation of the expert to notify

ARTICLE 275 – (1) The expert whose knowledge is sought shall notify the court that made the appointment within one week that the task assigned to him is not within his area of expertise, that he needs to cooperate with another expert with an expert identity to clarify and determine the material facts in question, or that he has an excuse that would justify his refusal to accept the task.

(2) If the expert needs to investigate and determine some issues in advance and to obtain some records and documents in order to carry out his examination, he shall inform the court that appointed him and make a request for this to be provided within one week.

Obligation of the expert to personally perform his duty

ARTICLE 276 – (1) The expert is obliged to personally carry out the task assigned to him by the court and cannot leave the performance of his duty, partially or completely, to another person.

Expert’s obligation to keep secret

ARTICLE 277- (1) An expert is obliged to keep the secrets he learns due to his duty or while performing his duty and to refrain from using them for the benefit of himself or others.

Powers of the expert

ARTICLE 278- (1) The expert carries out his duties under the direction and management of the court.

(2) If the expert has any doubts about his/her field of duty or its limits, he/she may always request the court to resolve his/her doubts.

(3) If the expert needs to during his examination, he may seek the information of the parties, provided that the court approves. In cases where the expert is to seek the information of one of the parties, the court shall remind the expert in advance that one of the parties cannot be heard without the other being present.

(4) If it is necessary for an expert to examine something in order to express his/her opinion and vote, the court may conduct the necessary examination by order. The parties may also be present during the execution of this process.

Determination of expert statements and report

ARTICLE 279- (1) The court decides that the expert shall state his vote and opinion in writing or verbally.

(2) The report must include the names and surnames of the parties, the matters for which the expert was assigned, the material facts that were the subject of observation and examination, the justification and conclusions reached, and if there is a difference of opinion between the experts, the reason for this, the date of preparation and the signatures of the expert or experts. The expert in the minority may also submit his vote and opinion to the court in a separate report.

(3) If the court decides that the expert shall express his/her vote and opinion verbally, the expert’s statements shall be recorded in the minutes and the expert’s signature shall be taken at the bottom of the minutes. If the assignment is in question as a board, the experts shall be given the opportunity to discuss the matter on which their information is sought immediately among themselves and the votes and opinions expressed as a result of the discussion shall be recorded in the minutes and the experts shall sign the bottom of the minutes.

(4) (Amended: 3/11/2016-6754/54 art.) The expert cannot make statements in his report and during his oral explanations other than those that require expertise, special or technical knowledge to solve; he cannot make legal qualifications and evaluations that should be made by the judge.

Submission of expert report

ARTICLE 280 – (1) The expert submits his report to the court, together with the items submitted to him for examination, if any, and attached to a set of notes; the date of submission is written on the report and a copy is served to the parties before the hearing date.

Objection to the expert report

ARTICLE 281- (1) The parties may request the court to have the expert complete the issues they deem to be missing in the expert report, to have the expert explain the issues that are unclear, or to appoint a new expert, within two weeks from the date of notification of the expert report. (Additional sentence: 22/7/2020-7251/24 art.) If the request for an expert report is very difficult or impossible to prepare within this period or requires a special or technical work, the party applying to the court within this period may be granted an additional period of time, not exceeding two weeks, to start processing the process after the expiry of the period.

(2) The court may ask the expert to ask new questions to complete or clarify any deficiencies or ambiguities in the expert report. He may obtain an additional report by way of a written statement or may request that the person make a verbal statement at the hearing he will appoint.

(3) If the court deems it necessary to reveal the truth, it may order a new examination to be carried out by a newly appointed expert.

Evaluation of the expert’s vote and opinion

ARTICLE 282- (1) The judge freely evaluates the expert’s vote and opinion together with other evidence. 

Expert expenses and fees

ARTICLE 283 – (1) The expert shall be paid a fee proportional to the labor and work he has spent, as well as his examination, transportation, accommodation and other expenses. In this regard, the tariff to be issued by the Ministry of Justice and updated every year shall be taken as basis.

The status of the expert in terms of criminal law

ARTICLE 284- (1) An expert is a public official within the meaning of the Turkish Penal Code.

Legal liability of the expert

ARTICLE 285 – (1) Those who have suffered damages because the court has taken as the basis the verdict the report prepared by the expert that is contrary to the facts, whether intentionally or through gross negligence, may file a compensation lawsuit against the State to compensate for this damage.

(2) The State may take recourse against the responsible expert for the compensation paid.

The court in which the cases will be filed

ARTICLE 286 – (1) In cases where a false expert report is taken as the basis for the verdict by the first instance court, the compensation lawsuit to be filed against the State shall be heard in the civil chamber of the regional court of justice within whose jurisdiction this court is located; in cases where it is taken as the basis for the verdict by the regional court of justice, it shall be heard in the relevant civil chamber of the Court of Cassation.

(2) The recourse action to be brought by the State against the responsible expert shall be heard by the court that has decided the compensation action.

Statute of limitations in recourse cases

ARTICLE 287 – (1) The State shall take recourse against the responsible expert within one year from the date of payment for the compensation it has paid . If the expert report on which the judgment is based is deliberately prepared contrary to the truth, the statute of limitations for the penalty shall apply.

CHAPTER SIX

Discovery

Discovery decision

ARTICLE 288 – (1) The judge may decide to conduct an inspection in order to obtain information about the subject of the dispute by examining it personally with the help of sensory organs at the location where he/she is located or in the court. The judge may seek the assistance of an expert when necessary.

(2) The discovery decision is taken by the court upon the request of one of the parties or ex officio, until the oral hearing.

Court authorized to conduct discovery

ARTICLE 289 – (1) Discovery is carried out by the court hearing the case. If the subject of discovery is outside the jurisdiction of the court, the examination is carried out by way of rogatory.

(2) If the subject of the investigation is within the borders of a metropolitan municipality, the investigation may also be carried out by the court hearing the case.

Making the discovery

ARTICLE 290 – (1) The place, scope and time of discovery are determined by the court. Discovery is made in the presence of the parties if they are present, otherwise in their absence.

(2) The court may hear witnesses and experts during the discovery. During the discovery, a report containing all the transactions and statements made is prepared. (Additional sentence: 22/7/2020-7251/25 art.) The judge’s observations regarding the subject and location of the discovery are also recorded in the report. Documents such as plans, drawings, and photographs are also added to the report.

(3) The court may also conduct a simulated trial to determine how an event might have occurred.

The necessity to endure discovery

ARTICLE 291- (1) Parties and third parties must comply with the requirements of the discovery decision and avoid obstructive attitudes and behaviors.

(2) If one of the parties opposes the discovery, that party is deemed to have waived the evidence if he is the party who has the burden of proof, and the other party is deemed to have accepted the alleged fact. However, the judge may not apply this provision depending on the situation and the reason for the opposition.

(3) Discovery shall be made at a time convenient for the third party. The time and place of discovery shall be notified to the third party. In cases where delay is expected to cause damage, discovery shall be carried out without notification. In the event of resistance to discovery, the judge shall sentence the third party to the costs caused by the resistance and a disciplinary fine of five hundred to five thousand Turkish Lira; if necessary, he may decide to use force. However, the third party may avoid the obligation to submit to discovery based on reasons of reluctance to testify.

Examination to determine lineage

ARTICLE 292 – (1) Everyone must submit to having blood or tissue taken from their body for the purpose of determining lineage, provided that it is compliant with scientific data and does not pose a health risk, in order to resolve the dispute. If this obligation is not complied with without a justified reason, the judge decides that the examination be carried out by force.

(2) A third person cannot avoid this obligation by claiming that he has the right to refrain from testifying.

CHAPTER SEVEN

Expert Opinion

Expert opinion

ARTICLE 293- (1) The parties may obtain a scientific opinion from an expert regarding the incident in question. No additional time may be requested for this sole reason.

(2) The judge may, upon request or ex officio, decide to invite and hear the expert from whom the report was received. The judge and the parties may ask the necessary questions at the hearing to which the expert is invited.

(3) If the expert fails to attend the hearing without a valid excuse, the report he/she has prepared will not be evaluated by the court.

FIFTH

Judgment and Procedures of the Party Ending the Case

CHAPTER ONE

Provision

Judgment, delivery and pronouncement of judgment

ARTICLE 294- (1) The court ends the case with a final decision on procedure or merits. The final decision on the merits of the dispute at the end of the trial is the verdict.

(2) The verdict is given and pronounced at the hearing at the end of the trial.

(3) In any case, the verdict is pronounced by reading the verdict into the hearing minutes.

(4) In cases where only the verdict is announced due to compelling reasons, the reasoned decision must be written within one month from the date of announcement.

(5) Those present at the hearing shall listen to the pronouncement of the verdict while standing.

(6) Matters relating to the judgment shall also apply to final procedural decisions, unless they are contrary to their nature.

Discussion of the verdict

ARTICLE 295- (1) The verdict is prepared through secret negotiations and is pronounced publicly.

(2) The judge or judges present at the hearing where the trial is declared to have ended shall give the verdict. No discussion may be held on the verdict unless all judges who can give such a verdict are present.

(3) If the judge present at the hearing where the trial was declared to have ended is not available during the deliberation of the verdict, the parties’ oral explanations are heard again, if deemed necessary, and the verdict is given.

Voting on the verdict and quorum

ARTICLE 296- (1) In collective trials, the court president manages the deliberations on the verdict. After the discussion is completed, the chairman receives the votes of each member individually, starting with the most junior member, and announces his own vote last.

(2) The verdict may also be given by majority vote.

Scope of the provision

ARTICLE 297- (1) Provision It is given “In the Name of the Turkish Nation” and includes the following after this phrase:

1. a) The names, surnames and registration numbers of the court that gave the verdict, the judge or judges and the court clerk, and if the court serves in various capacities, the capacity in which the verdict was given.
2. b) The identities of the parties and participants in the case, their Turkish Republic identity numbers, and the names, surnames and addresses of their legal representatives and attorneys, if any.
3. c) A summary of the parties’ claims and defenses, the points on which they agree and disagree, the evidence collected on the disputed facts, the discussion and evaluation of the evidence, the facts that are established and the conclusions and legal reasons derived from them.
4. c) As a result of the verdict, the refund of the litigation expenses and the unspent portion of the advance received from the parties, and the legal remedies and duration, if any.
5. d) The date on which the verdict was given and the signatures of the judge or judges and the court clerk.
6. e) The date on which the reasoned decision was written.

(2) In the conclusion part of the judgment, without repeating any words related to the reasoning, the judgment given for each of the demands, the obligations imposed on the parties and the rights granted must be stated under the serial number, in a clear manner that does not arouse doubt or hesitation.

Writing the verdict

ARTICLE 298 – (1) The verdict is written by the judge who gave the verdict, the president in collective courts, or a member chosen by the president from among the judges who participated in the verdict.

(2) The reasoned decision cannot contradict the result of the judgment pronounced.

(3) The dissenting opinion shall be included in the decision along with its reasons.

(4) The verdict is signed by the judge or judges who gave the verdict and the court clerk.

Failure to sign the judgment

ARTICLE 299- (1) Reasoned decision after the verdict is announced If the judge dies or becomes unable to sign for any reason before the decision is signed, the new judge shall personally write the reasoned decision in accordance with the decision made and sign it. In the event of such a situation in collective courts, the decision shall be signed by the other judges and signed by the presiding judge or the most senior judge, stating the reason for the other judge’s inability to sign at the bottom of the decision.

Protection of the judgment 

ARTICLE 300 – (1) The judgment bearing the signatures of the judges and the court clerk who participated in the judgment and the court seal shall be preserved in the archive.

Copy of the verdict

ARTICLE 301- (1) After the judgment is written, signed and sealed with the court seal, copies are given to each party by the registrar against receipt and one copy is served on the other party without delay. One copy of the judgment is also kept in the file.

(2) The copy of the judgment given to each party is the verdict.

(3) If the copies of the decision held by the parties are different, the one on the decision card shall be taken as basis.

Receipt of the verdict, finalization record and fees

ARTICLE 302- (1) The parties may obtain the judgment at any time, regardless of whether the fee has been paid or not.

(2) Failure to pay the remaining judgment and court fees does not prevent the notification of the judgment, the commencement of legal proceedings or the application for legal remedies.

(3) Provisions of other laws, including the Law on Fees No. 492 dated 2/7/1964, that are contrary to this article shall not apply.

(4) The finality of the judgment is indicated by writing it at the bottom or back of the judgment, putting the date and court seal, and signing it by the president or judge.

(5) (Added: 20/7/2017-7035/27 art.) The notifications required for the finalization of the decisions that have been finalized through legal channels and the implementation of the decisions that have been finalized are also made by the first instance court.

Final decision

ARTICLE 303- (1) In order for a final judgment in a case to constitute a final judgment in a material sense in another case, the parties to both cases, the causes of action, the judgment paragraph of the first case and the claim result of the second case must be the same.

(2) A judgment shall be final only in respect of those claims which have been decided upon, among those claims made in the action or counterclaim.

(3) The final judgment also applies to the parties’ general successors.

(4) The final judgment resulting from a lawsuit is also valid for the persons who, after the finalization of that judgment, take over the ownership of the subject matter from one of the parties or acquire a limited real right or accessory possession over the subject matter. However, the provisions of the Turkish Civil Code regarding acquisition of property in good faith are reserved.

(5) A final judgment made between one or more of the joint debtors and the creditor, or between one or more of the joint creditors and the debtor, is not valid for the others.

CHAPTER TWO

Correction, Clarification and Completion of the Decree

Correction of the judgment

ARTICLE 304 – (1) Clerical and calculation errors and other similar obvious errors in the judgment may be corrected by the court ex officio or upon the request of one of the parties. If the judgment has been notified, the judge cannot correct the error without hearing the parties. If the parties do not appear upon invitation, the decision may be made after reviewing the file.

(2) If a decision to amend is made, the decision regarding the corrected issues shall be written, signed and sealed under the copies in the court and the copies given or on a separate piece of paper attached to them.

Explanation of the ruling

ARTICLE 305 – (1) If the judgment is not clear enough or creates hesitation in its execution or contains contradictory paragraphs, each party may request the clarification of the judgment or the elimination of hesitation or contradiction until the completion of its execution.

(2) The rights granted to the parties and the obligations imposed in the provision paragraph cannot be limited, expanded or changed by way of specification.

Completion of the judgment

ARTICLE 305/A- (Added: 22/7/2020-7251/27 art.) 

(1) Each party may, within one month from the notification of the final decision, request an additional decision on issues that have not been decided on in whole or in part, despite being brought forward in the trial or requiring an automatic decision. Legal remedies may be taken against this decision.

Request for clarification and completion and procedure

ARTICLE 306- (1) Description or completion may be requested from the court that rendered the decision by attaching to the petition as many copies as the number of parties. One copy of the petition is notified to the other party within the period determined by the court for response. The response is notified to the party requesting clarification or completion. 

(2) The court will review the file and make a decision even if no response has been given; however, if deemed necessary, it may invite both parties to make oral statements.

(3) If the court deems the request for clarification or completion appropriate, it shall proceed in accordance with Article 304.

CHAPTER THREE

Party Procedures to End the Case

Waiver of lawsuit

ARTICLE 307- (1) Waiver is the plaintiff’s decision to give up the result of the claim, partially or completely. 

Accept the case

ARTICLE 308- (1) Acceptance is the defendant’s partial or full consent to the plaintiff’s request. 

(2) Acceptance shall only be effective in cases over which the parties may dispose freely.

Form of waiver and acceptance

ARTICLE 309 – (1) Waiver and acceptance are made verbally by petition or during the trial.

(2) The validity of the waiver and acceptance does not depend on the consent of the other party and the court.

(3) In case of partial waiver or acceptance, the part waived or accepted must be clearly stated in the petition or minutes.

(4) Waiver and acceptance must be unconditional.

Time for waiver and acceptance

ARTICLE 310- (1) Waiver and acceptance may be made at any time until the judgment becomes final.

(2) (Added: 22/7/2020-7251/29 art.) If the waiver or acceptance is made after the judgment is given, even if the parties have applied for legal remedies, the file will not be sent for legal remedies review and the first instance court or regional court of justice will make an additional decision in line with the waiver or acceptance.

(3) (Added: 22/7/2020-7251/29 art.) If the waiver or acceptance is made after the file has been sent for appeal review, the Supreme Court sends the file to the court that gave the judgment for an additional decision on waiver or acceptance without conducting an appeal review.

Consequences of waiver and acceptance

ARTICLE 311- (1) Waiver and acceptance have legal consequences like final judgment. In cases of disorder of will , cancellation of waiver and acceptance may be requested.

Trial expenses in case of waiver and acceptance

ARTICLE 312- (1) The party who makes a waiver or acceptance statement is sentenced to pay the litigation costs as if a judgment had been given against him in the case. If the waiver or acceptance relates to only a part of the result of the claim, the sentence to pay the litigation costs is determined accordingly.

(2) If the defendant did not cause the lawsuit to be filed through his own circumstances and behavior and accepted the result of the plaintiff’s request at the first hearing of the trial, he shall not be sentenced to pay the litigation expenses.

Peace

ARTICLE 313- (1) Conciliation is an agreement made by the parties before the court in order to end the dispute between them partially or completely in a pending case.

(2) Mediation can only be made in cases involving disputes over which the parties can freely dispose.

(3) Matters that are not within the scope of the lawsuit may also be included in the scope of the settlement. 

(4) Conciliation may also be made conditionally.

Time for peace

ARTICLE 314- (1) Conciliation can be made at any time until the verdict is final.

(2) (Added: 22/7/2020-7251/30 art.) If the conciliation is made after the verdict is given, even if the parties have applied for legal remedies, the file is not sent for legal remedies review and the first instance court or regional court of justice makes an additional decision in line with the conciliation.

(3) (Added: 22/7/2020-7251/30 art.) If the conciliation was made after the file was sent for appeal review, the Supreme Court of Appeals sends the file to the court that gave the verdict for an additional decision on conciliation without conducting an appeal review.

The effect of peace

ARTICLE 315- (1) The conciliation ends the case it is related to and has legal consequences like a final judgment. If the parties request a decision to be made in accordance with the conciliation, the court decides in accordance with the conciliation agreement; if they do not request a decision to be made in accordance with the conciliation, the court decides that there is no need to make a decision.

(2) Volitional disorder or excessive use In such cases, the cancellation of the conciliation may be requested.

PART SIX

Simple Trial Procedure

Cases and matters subject to simple trial procedure

ARTICLE 316- (1) Except for those expressly stated in the laws, the simple trial procedure is applied in the following cases:

1. a) Cases and matters falling within the jurisdiction of the civil courts of peace.
2. b) Cases and proceedings in which the law grants the court discretion to decide directly on the file.
3. c) Requests for temporary legal protection such as precautionary measures, precautionary seizures, detection of evidence, requests for obtaining marine reports, appointment of a dispatcher and objections to these.
4. c) All kinds of alimony cases and cases and affairs related to custody and tutelage.
5. d) Cases arising from the employment relationship.
6. e) Lawsuits to be filed regarding the concordat and restructuring of capital companies or cooperatives through reconciliation.
7. f) Cases and proceedings falling within the jurisdiction of the court in accordance with the arbitration provisions.
8. g) Cases and proceedings stated in other laws to which trial procedures other than the written trial procedure will be applied.

Submission of petitions

ARTICLE 317- (1) Filing a lawsuit and responding to the lawsuit is done by petition.

(2) The response period is two weeks from the date of notification of the petition to the defendant. However, if the court finds it very difficult or impossible to prepare the response within this period, depending on the circumstances and conditions, it may grant the defendant who has applied to the court an additional period of time, one-time and not exceeding two weeks, to start processing the case after the end of the response period. The decision regarding the request for an additional response period shall be notified to the parties immediately.

(3) The parties cannot submit a reply or a second response petition.

(4) Petitions for lawsuits and replies can also be submitted by filling in the form specified in the regulation.

Substitution of evidence

ARTICLE 318 – (1) The parties must submit all their evidence, clearly stating which facts they are evidence of, along with their petitions; they must attach the evidence they have to their petitions and include information in their petitions that will enable them to find documents and files brought from other places.

Prohibition on extension or modification of claim or defense

ARTICLE 319- (1) The prohibition on expanding or changing the claim begins with the filing of a lawsuit; the prohibition on expanding or changing the defense begins with the submission of the response petition to the court.

Preliminary examination and investigation

ARTICLE 320- (1) The court, whenever possible, makes its decision on the file without inviting the parties to the hearing.

(2) In cases where a decision cannot be made beforehand, the court hears the parties at the first hearing regarding the conditions of the case, the preliminary objections, the limitation period and the statute of limitations; then, within the framework of the parties’ claims and defenses, it determines one by one the issues on which they agree and disagree. After determining the issues in dispute, the judge encourages the parties to conciliation or mediation. Whether the parties have reached an agreement or not, and if they have not reached an agreement, the issues on which they have disagreed are recorded in the minutes; the minutes are signed by the parties present. The investigation is conducted based on this minute.

(3) The court shall complete the hearing of the parties, examination of evidence and investigation proceedings in two hearings, excluding the hearing specified in the above paragraph. The period between hearings cannot exceed one month. In cases where the nature of the case necessitates the extension of the expert examination or the conduct of investigation proceedings by means of rogatory, the judge may determine a hearing date beyond one month by stating the reason and may hold more than two hearings.

(4) In cases subject to simple trial procedure, if the file that has been decided to be removed from process is left untried after its renewal, the case is deemed not to have been filed. 

Provision

ARTICLE 321- (1) After the investigation is completed, the court takes the final statements of the parties and announces its decision by declaring the trial over. No additional time is given to the parties to make statements.

(2) The decision is announced by the court after all the issues related to the decision are explained together with the reasoning. However, in cases of necessity, the judge may announce the decision by only writing the summary of the decision in the minutes, and also by recording the reasoning in the minutes. In this case, the reasoned decision must be delivered within one month at the latest. It should be written in it and included in the notification.

Provisions to be applied

ARTICLE 322- (1) In cases where there is no provision regarding the simple trial procedure in this Law and other laws, the provisions regarding the written trial procedure shall apply.

(2) In cases where a sale is required for the purpose of sharing and dissolving the partnership, the judge appoints an officer for the sale. The sale of movable and immovable properties is carried out in accordance with the provisions of the Execution and Bankruptcy Law.

PART SEVEN

Litigation Expenses and Legal Aid

CHAPTER ONE

Litigation Expenses

Scope of litigation expenses

ARTICLE 323- (1) Trial expenses are as follows:

1. a) Application, decision and judgment fees.
2. b) Notification and postal expenses incurred due to the lawsuit.
3. c) File and other document expenses.
4. d) Expenses related to temporary legal protection measures and the preparation of protests, notices, warnings and powers of attorney.
5. d) Exploration expenses.
6. e) Fees and expenses paid to witnesses and experts.
7. f) Duties, taxes, fees and other expenses paid for documents obtained from official offices.
8. g) In cases not pursued by an attorney, the amount to be determined by the judge for the daily, travel and accommodation expenses of the parties for the days they are present; being heard in person by the court with an attorney present, being requested. or daily, travel and accommodation expenses to be assessed for the party called to take the oath.
9. g) Attorney fees to be determined in accordance with the law in cases pursued by attorney.
10. h) Other expenses incurred during the trial.

Advance for evidence submission

ARTICLE 324 – (1) Each party must pay the advance payment determined by the court for the evidence they request to be replaced within the definite period given. If the parties jointly request the replacement of the same evidence, they pay half of the required expense as an advance payment.

(2) If one of the parties fails to fulfil its advance payment obligation, the other party may deposit this advance payment. Otherwise, the production of the requested evidence shall be deemed to have been waived.

(3) Provisions regarding cases and matters over which the parties cannot freely dispose are reserved.

Expenses related to transactions that must be carried out ex officio

ARTICLE 325- (1) In cases and matters over which the parties cannot freely dispose, the judge shall decide that the expenses required for the evidence referred to shall be paid by one of the parties or by both parties at a specified rate within a period of one week. If an advance payment is not made in an amount sufficient to cover the expenses of these transactions within the specified period, it shall be decided that the expenses shall be paid from the Treasury to be collected from the party who is required to pay them in the future.

Liability for litigation expenses

ARTICLE 326 – (1) Except for the cases stated in the law, the litigation expenses are decided to be collected from the party against whom the judgment was given.

(2) If either party is partially proven right in the case, the court shall distribute the litigation expenses according to the proportion of the parties’ rightness.

(3) If there is more than one person against whom a judgment has been given, the court may share the litigation expenses among them or may decide that they are held jointly and severally liable. 

Liability for litigation expenses due to breach of the rule of honesty

ARTICLE 327- (1) The party that has caused unnecessary prolongation of the case or incurred expenses shall be liable for the following: Even if a decision is made in his/her favor, he/she may be sentenced to pay all or part of the litigation expenses other than the decision and judgment fees.

(2) If a person, although he has no standing in the case, misleads the plaintiff as if he is the defendant and causes a lawsuit to be filed against him, if the case is rejected due to lack of standing, no court expenses can be awarded in favour of the defendant.

Accessory intervention expense

ARTICLE 328- (1) A person who takes part in a case as a secondary intervener shall be held responsible only for the secondary intervention expenses if the party he joined is found to be wrong, otherwise these expenses shall be charged to the other party. However, even if the judgment is given in favor of the party joined by the third party, if the circumstances and behavior of the party in whose favor the judgment was given necessitates the participation of the third party in the case, all or part of the intervention expenses may be charged to the party in whose favor the judgment was given.

Consequences of filing a lawsuit in bad faith or without cause

ARTICLE 329 – (1) The defendant in bad faith or the party who files a lawsuit without having any rights may be sentenced to pay all or part of the attorney fee agreed between the attorney of the other party, in addition to the litigation expenses. If there is a dispute about the amount of the attorney fee or if the court finds the amount excessive, this amount is directly determined by the court.

(2) The defendant in bad faith or the party who files the lawsuit without any right to do so may sue for a further fine of five hundred Turkish Lira to five thousand Turkish Lira. If the attorney has caused these situations, the disciplinary fine shall be applied to the attorney.

Award of attorney fees in favor of the party

ARTICLE 330- (1) In cases pursued by an attorney, the attorney’s fee determined by law is awarded in favor of the party by the court. 

Litigation expenses in cases not concluded on the merits

ARTICLE 331- (1) In cases where there is no need to give a decision on the merits of the case because the case is left without a subject, the judge shall determine and decide on the litigation expenses according to the justification of the parties on the date the case was filed.

(2) If the case is continued in another court after a decision of lack of jurisdiction or competence, that court shall decide on the litigation expenses. If the case is not continued in another court after a decision of lack of jurisdiction or competence, the court where the case was filed shall, upon request, determine this situation on the file and sentence the plaintiff to pay the litigation expenses.

(3) In cases where it is decided that the lawsuit has not been filed, the litigation expenses are charged to the plaintiff.

Award of litigation expenses

ARTICLE 332- (1) Trial expenses are decided ex officio by the court.

(2) The litigation expenses, their amount, the party to which they are charged and the rate at which they are charged, and their breakdown are shown in the provision.

(3) Which party will pay the litigation expenses after the verdict? will pay, The amount and breakdown and the party to whom these expenses will be charged are written at the bottom of the court decision.

Refund of advance payment

ARTICLE 333- (1) After the judgment becomes final, the court shall automatically decide to return the unused portion of the advance payment. The notification expense of this decision shall be covered from the advance payment to be returned.

CHAPTER TWO

Legal Aid

Persons who will benefit from legal aid

ARTICLE 334- (1) Persons who are partially or completely unable to pay the necessary litigation or prosecution expenses without causing significant hardship to themselves and their families may benefit from legal aid in their claims and defences, requests for temporary legal protection and enforcement proceedings, provided that their requests are not clearly ill-founded.

(2) Public benefit associations and foundations may benefit from legal aid if they appear to be justified in their claims and defences and if they are unable to pay the necessary expenses partially or fully without falling into financial difficulties.

(3) Foreigners’ ability to benefit from legal aid is also subject to the condition of reciprocity.

Scope of legal aid

ARTICLE 335- (1) The legal aid decision provides the relevant person with the following:

1. a) Temporary exemption from all litigation and prosecution expenses.
2. b) Exemption from providing security for litigation and prosecution expenses.
3. c) All expenses to be incurred during the lawsuit and enforcement proceedings shall be paid in advance by the State.
4. c) If the case needs to be followed up by a lawyer, provision of a lawyer whose fee will be paid later.

(2) The court may also decide that the requester may benefit from some of the matters regulated in the above paragraphs.

(3) Legal aid continues until the verdict becomes final.

Request for legal aid

ARTICLE 336- (1) Legal aid is requested from the court where the main claim or case will be decided; in enforcement and bankruptcy proceedings, from the enforcement court where the proceedings will be carried out.

(2) The person making the request must submit to the court a summary of his claim, the evidence on which he will base his claim, and documents regarding his financial situation showing that he is not in a position to cover the litigation expenses.

(3) When applying for legal remedies, the request for legal aid is made to the regional court of justice or the Supreme Court.

(4) Documents related to the request for legal aid are exempt from all fees and taxes.

Examination of the request for legal aid

ARTICLE 337 – (1) The court may decide on the request for legal aid without holding a hearing. (Additional sentence: 11/4/2013-6459/23 art.) However, in case of a request, the examination shall be held with a hearing. (Additional sentence: 11/4/2013-6459/23 art.) The reason for not accepting the information and documents presented in the court decisions regarding the rejection of legal aid requests shall be clearly stated.

(2) (Amended: 11/4/2013-6459/23 art.) An objection may be made to decisions regarding the rejection of a request for legal aid by submitting a petition to the court that made the decision within two weeks from the date of notification. The court whose decision is objected to shall send the file for review of the objection to the chamber following the number in the case where the civil court where the request for legal aid is made has more than one chamber, to the first chamber for the chamber with the last number, and to the nearest court responsible for the same matters in case where the civil court where the request for legal aid is made has only one chamber. The decision given as a result of the objection review shall be final. If the request for legal aid is rejected, a request may be made again on the grounds of a serious decrease in the ability to pay that occurred later.

(3) Legal aid does not cover the expenses of previous litigation.

Cancellation of legal aid decision

ARTICLE 338 – (1) If it is revealed that the person benefiting from legal aid has intentionally or through gross negligence provided false information about his/her financial situation, or if it is later understood that his/her financial situation has improved sufficiently, the legal aid decision shall be revoked.

Collection of expenses of adjourned trials with legal aid

ARTICLE 339- (1) All trial expenses postponed due to the legal aid decision and advance payments paid by the State shall be collected from the person who is found to be wrong at the end of the case or proceeding. If the person benefiting from legal aid is found to be wrong, it may be decided that the trial expenses shall be paid in equal monthly installments within a maximum of one year, if deemed appropriate.

(2) (Added: 11/4/2013-6459/24 art.) If the court clearly understands that the collection of litigation expenses paid or exempted by the State due to the legal aid decision will cause victimization to the beneficiary of legal aid, the court may decide to exempt them from payment in whole or in part.

Payment of the fees of the lawyer appointed by the legal aid decision

ARTICLE 340 – (1) The fee of the lawyer assigned by the bar association upon the request of the court for the person benefiting from legal aid is paid by the Treasury as litigation expenses.

PART EIGHT

Legal Remedies

CHAPTER ONE

Appeal

Decisions subject to appeal

ARTICLE 341- (1) (Amended: 22/7/2020-7251/34 art.) An appeal may be filed against the following decisions of the first instance courts:

1. a) Final decisions.
2. b) Decisions to reject requests for provisional injunctions and provisional attachments, decisions for provisional injunctions and provisional attachments given in the face of the opposing party, decisions given upon objections to decisions for provisional injunctions and provisional attachments given in the absence of the opposing party.

(2) Decisions regarding property lawsuits whose amount or value does not exceed three thousand Turkish Lira are final. (Additional sentence: 24/11/2016-6763/41 article) However, decisions regarding non-pecuniary damages lawsuits may be appealed, regardless of the amount or value.

(3) If a part of the receivable is sued, the finality limit of three thousand Turkish Lira is determined according to the entire receivable.

(4) If the entire claim has been sued, the party whose main claim is not accepted in the decision does not exceed three thousand Turkish Lira cannot appeal.

(5) Although it is stated in other laws that the first instance courts can be appealed or that they can be appealed to the Supreme Court, the final decisions of the regional courts of justice regarding the cases and matters falling within their jurisdiction can be appealed to the regional courts of justice.

Petition for appeal

ARTICLE 342- (1) Application for appeal shall be made by petition and as many copies as the number of the opposing party shall be attached to the petition.

(2) The following matters shall be included in the appeal petition:

1. a) The applicant and the opposing party’s titles, names, surnames, Turkish Republic identity numbers and addresses in the case.
2. b) Names, surnames and addresses of legal representatives and attorneys, if any.
3. c) The court from which the decision was given and its date and number.
4. c) The date on which the decision was notified to the applicant.
5. d) Summary of the decision.
6. e) Reasons and justification for the application.
7. f) Request result.
8. g) Signature of the applicant or his/her legal representative or attorney, if any.

(3) If the appeal petition contains the identity and signature of the applicant and records that sufficiently demonstrate the decision appealed for, it will not be rejected even if other issues are not present, and Necessary investigation is carried out within the framework of the article.

Filing of the appeal petition

ARTICLE 343- (1) The appeal petition may be filed with the court that issued the decision or with another court. The court to which the appeal petition was filed shall record it in the regional court of justice application book and a free receipt shall be given to the applicant.

(2) The petition of appeal submitted to a court other than the one that gave the decision shall be sent to the court that gave the decision, together with copies, after the court has acted in accordance with the above paragraph. This situation shall be immediately notified to the court.

(3) The provision of Article 118 shall apply to the date of appeal.

(4) The file is sent to the relevant regional court of justice by the court that gave the decision, regardless of the chamber indicated in the petition of appeal.

Payment of fees and expenses

ARTICLE 344- (1) When the appeal petition is filed, all expenses, including the fees and notification expenses required for the appeal legal remedy, are paid. If it is later understood that these have not been paid at all or have been paid in full, the applicant is notified in writing that they must be completed within a one-week definite period given by the court that issued the decision, otherwise the application will be deemed to have been abandoned. If the fees and expenses are not completed within the definite period given, the court decides that the application will be deemed not to have been made. In the event that an appeal is filed against this decision, The provision of the second paragraph of Article 346 shall be applied by analogy.

Application period

ARTICLE 345- (1) The period for appeal is two weeks. This period begins with the notification of the verdict to each party in accordance with the procedure. The provisions of special laws regarding the period for appeal are reserved.

Rejection of the appeal petition

ARTICLE 346- (1) If the appeal petition is submitted after the legal period has expired or is related to a final decision, the court that made the decision decides to reject the appeal petition and automatically notifies the person concerned of the rejection decision, to be covered by the expenses deposited in accordance with Article 344.

(2) An appeal may be filed against this rejection decision within two weeks from the date of notification. If an appeal is filed and the necessary expenses are paid, the file is sent to the competent regional court of justice by the court that made the decision. If the relevant chamber of the regional court of justice finds the decision to reject the appeal petition unfounded, it conducts the necessary review according to the first appeal petition.

Response to the appeal petition

ARTICLE 347- (1) The petition for appeal is notified to the opposing party by the court that made the decision.

(2) The other party shall have two weeks from the date of notification. Within this period, the court may submit its response petition to the court that issued the decision or to a court of another place to be forwarded to this court.

(3) After the petitions are submitted or a certain period of time has passed, the court that made the decision sends the file to the relevant regional court of justice, depending on the series list.

Apply via join

ARTICLE 348 – (1) The party to whom the appeal petition has been served may appeal by submitting a response petition, even if he/she does not have the right to appeal or has exceeded the application period. The party who originally appealed shall have two weeks to respond to the appeal. can answer within.

(2) If the person who applies for appeal waives his/her request or his/her request is rejected by the regional court of justice without going into the merits, the request of the person who applies for appeal shall also be rejected.

Waiver of right to appeal

ARTICLE 349- (1) The parties cannot waive their right to appeal before the judgment is served on them.

(2) If the application is waived after it is made, the file will not be sent to the regional court of justice and the court that made the decision will reject the application. If the file has been sent to the regional court of justice and a decision has not yet been reached, the application will be rejected due to waiver.

Effect of application on execution

ARTICLE 350 – (1) Appeal does not stay the execution of the decision. The provision of Article 36 of the Enforcement and Bankruptcy Law regarding the suspension of execution is reserved. The suspension of execution cannot be decided in alimony decisions.

(2) Decisions regarding personal law, family law and real rights related to real property cannot be implemented until they become final.

Appeal in bad faith

ARTICLE 351- (1) If it is understood that the appeal was made in bad faith, the provisions of Article 329 shall be applied by the regional court of justice.

Preliminary review

ARTICLE 352- (Amended: 20/7/2017-7035/28 art.)

(1) If one of the following situations is detected as a result of the preliminary examination of the file by the civil division of the regional court of justice, the necessary decision will be made first:

1. a) It is necessary for the review to be conducted by another department or regional court of justice.
2. b) The decision is final.
3. c) Failure to submit the application within the deadline.
4. c) Failure to fulfill application requirements
5. d) No indication of the reasons or justification for the application.

(2) The preliminary examination is carried out by the board or a member to be appointed, and the decision is given by the board at the end of the preliminary examination.

(3) The file in which it is determined that there are no deficiencies is reviewed.

Decisions to be made without a hearing

ARTICLE 353- (1) If it is determined that there are no deficiencies in the file at the end of the preliminary examination;

1. a) In the following cases, the regional court of justice shall decide, without holding a hearing, to annul the decision without examining the merits and to send the file to the court that gave the decision or to another court within its jurisdiction that it deems appropriate or to a competent and authorized court for retrial:

1) The decision was made by a judge who was prohibited from hearing the case.

2) The rejected judge handled the case despite the justified rejection request.

3) The court has ruled on lack of jurisdiction or lack of competence despite having jurisdiction and authority, or the court has heard the case despite not having jurisdiction or authority (…)48

4) Contradiction with other conditions of the case.

5) If the court has decided that the lawsuit or counterclaim has not been filed, or that the cases have been combined or separated, (…)48 in violation of the procedure.

6) (Amended: 22/7/2020-7251/35 art.) The court has not collected or evaluated evidence that is important enough to be effective in resolving the dispute, or has not made a decision on a significant part of the request.

1. b) Regarding the merits of the case in the following cases;

1) If it is determined that the reviewed court decision is lawful in terms of procedure or substance, the application is rejected on the merits.

2) If there is no deficiency in the trial, but an error is made in the application of the law to the case and a retrial is not necessary, or if an error is made in the reasoning of the decision, the trial is re-tried on the merits after correction,

3) If the deficiencies found in the trial can be remedied without holding a hearing, the application is rejected on the merits or re-reviewed on the merits after their completion.

the decision is made without holding a hearing.

Examination

ARTICLE 354 – (1) The examination by the civil division of the regional court of justice is carried out by the board or a member to be appointed, depending on the nature of the case.

(2) In cases where necessary during the review, another regional court of justice or a first instance court may be appealed.

Scope of the review

ARTICLE 355 – (1) The review is limited to the reasons stated in the petition of appeal. However, if the regional court of justice finds a violation of public order, it shall take this into consideration ex officio.

Holding a hearing and making a decision

ARTICLE 356- (1) Except for the cases specified in Article 353, the examination shall be conducted by hearing. In such a case, the hearing date shall be notified to the parties.

(2) (Added: 22/7/2020-7251/36 art.) At the end of the hearing, the regional court of justice makes the necessary decisions, including rejecting the appeal on the merits or revoking the first instance court’s decision and re-making a new one.

Transactions that cannot be performed

ARTICLE 357 – (1) No counterclaim can be filed in the civil chambers of the regional court of justice, no request for intervention in the case can be made, no request for the amendment of the case and the consolidation of cases, subject to the provisions of the first paragraph of Article 166, cannot be requested, no claims and defenses that were not put forward in the first instance court, other than those to be taken into consideration ex officio by the regional court of justice, cannot be heard, and no new evidence can be relied upon.

(2) Jurisdiction agreements cannot be made for regional courts of justice.

(3) Evidence that is presented in accordance with the procedure at the first instance court but rejected without being examined or that cannot be presented due to a compelling reason may be examined by the regional court of justice.

Failure to attend the hearing and non-payment of expenses

ARTICLE 358 – (1) In cases where the cases are examined by hearing, in the invitations issued to the parties, it shall be clearly stated that if they are not present at the hearing, the investigation will be conducted and a decision will be given in their absence, and in the invitation to the applicant party, it shall also be clearly stated that the expenses determined by the regional court of justice regarding the investigation to be conducted must be paid as an advance within a definite period of not less than two weeks.

(2) If the applicant reports that he/she cannot attend the hearing due to an acceptable excuse, a new hearing date will be determined and notified to the parties.

(3) (Amended: 22/7/2020-7251/37 art.) If the parties fail to attend the hearing without an excuse, provided that the determined expense is paid within the given definite period, the investigation will be conducted in their absence and the decision will be made. If the determined expense is not deposited within the period, the decision will be made according to the current status of the file. However, in cases where it is not possible to make a decision without conducting the foreseen investigation, the application will be rejected.

Decision and notification

ARTICLE 359- (1) The decision includes the following matters:

1. a) Names, surnames and registration numbers of the regional court of justice that made the decision, the civil division, and the president, members and court clerk.
2. b) The identities of the parties and those who intervened in the case at the first instance court, as well as their Turkish Republic identity numbers, and the names, surnames and addresses of their legal representatives and attorneys, if any.
3. c) Summary of the parties’ claims and defenses.
4. c) Summary of the first instance court decision.
5. d) The grounds of appeal put forward.
6. e) Discussion of the issues that are or are not in dispute between the parties and the evidence related to them, the reasons for rejection and superiority, the facts that are proven and the conclusions and legal reasons derived from them.
7. f) The result of the judgment and the legal remedy and period, if any.
8. g) The date the decision was made, signatures of the chairman, members and the clerk of the minutes.
9. g) The date on which the reasoned decision was written.

(2) In the conclusion part of the judgment, without repeating any words related to the reasoning, the judgment given for each of the demands, the obligations imposed on the parties and the rights granted must be stated under the serial number, in a clear manner that does not arouse doubt or hesitation.

(3) (Added: 22/7/2020-7251/38 art.) In its decision to reject the application on the merits, the regional court of justice may be content with stating the reason for the compliance of the decision with the rules of law, provided that it summarizes the grounds of appeal put forward and explains the reasons for rejection.

(4) (Added: 20/7/2017-7035/30 art.) Decisions that cannot be appealed are notified by the first instance court; decisions that can be appealed are notified ex officio by the regional court of justice.

Other provisions applicable

ARTICLE 360- (1) Unless otherwise provided in this Section, the trial procedure applied in the first instance court shall also be applied in the regional court of justice.

CHAPTER TWO

Appeal

Decisions that can be appealed

ARTICLE 361- (1) The final decisions subject to appeal given by the civil divisions of the regional court of justice and the decisions given upon the request for the annulment of arbitration awards shall be appealed within two weeks from the date of notification. within which an appeal may be filed.

(2) The party that prevailed in the case may also appeal, provided that it has a legal interest.

Decisions that cannot be appealed

ARTICLE 362- (1) No appeal can be made against the following decisions of the regional courts of justice:

1. a) Decisions regarding cases whose amount or value does not exceed forty thousand Turkish Lira (this amount included).
2. b) Decisions regarding the cases stated in Article 4, excluding the cases arising from the tenancy relationship and which can be appealed in terms of amount or value, and the cases arising from the tenancy relationship where the amount of three months’ rent is above the appeal limit (excluding the cases arising from the Law on Condominiums No. 634 dated 23/6/1965 and related to the real estate), and the cases stated to be within the jurisdiction of the civil court of peace in special laws.
3. c) (Amended: 22/7/2020-7251/39 art.) Decisions regarding the duties and powers of the first instance courts within the jurisdiction and decisions regarding the determination of the place of jurisdiction.
4. c) Decisions given in non-contentious litigation.
5. d) Decisions on cases concerning the correction of population records, excluding cases that have consequences regarding lineage.
6. e) Decisions regarding the transfer of a case to another court within the jurisdiction in cases where the judges of the first instance courts within the jurisdiction have a legal or actual impediment to hear the case.
7. f) Decisions regarding temporary legal protections.
8. g) (Added: 22/7/2020-7251/39 art.) Decisions given within the scope of subparagraph (a) of the first paragraph of article 353.

(2) In the decisions in subparagraph (a) of the first paragraph, if a part of the receivable is sued, the finality limit of forty thousand Turkish Lira is determined according to the entire receivable. In the case that the entire receivable is sued, the party whose main claim is not accepted in the decision does not exceed forty thousand Turkish Lira has no right of appeal. However, if the other party appeals, the other party may also appeal the decision by preparing a response petition.

Appeal in the interest of law

ARTICLE 363- (1) (Amended: 20/7/2017-7035/33 art.) The Ministry of Justice or the Office of the Chief Public Prosecutor of the Supreme Court of Appeals may appeal in the interest of the law against the final decisions of the first instance courts and their decisions that have become final without going through an appeal review, and against the final decisions of the civil chambers of the regional courts of justice as first instance courts and their decisions that have become final without going through an appeal review, on the grounds that they are contrary to the current law.

(2) If the appeal request is found to be justified by the Supreme Court, the decision shall be overturned in the interest of the law. This overturning shall not eliminate the legal consequences of the decision.

(3) A copy of the annulment decision is sent to the Ministry of Justice and published in the Official Gazette by the Ministry.

Petition of appeal

ARTICLE 364- (1) The appeal is made by petition and the same number of copies as the opposing party are attached to the petition.

(2) The appeal petition shall contain the following matters:

1. a) The titles, names, surnames, Turkish Republic identity numbers and addresses of the appellant and the opposing party in the case.
2. b) Names, surnames and addresses of their legal representatives and attorneys, if any.
3. c) The regional court of justice civil division from which the appealed decision was made, its date and number.
4. c) The court’s date, number and the new decision given by the first instance court in accordance with the reversal decision of the Supreme Court or the decision to resist the appeal against the decision to resist.
5. d) The date on which the decision was notified to the appellant.
6. e) Summary of the decision.
7. f) Reasons and justification for appeal.
8. g) If a hearing is requested, this request.
9. g) Signature of the appellant or his/her legal representative or attorney, if any.

(3) If the appeal petition contains the identity and signature of the appellant and records that sufficiently indicate the decision appealed, the appeal will not be rejected and will be reviewed even if other conditions are not met.

Filing of appeal petition

ARTICLE 365 – (1) The appeal petition may be submitted to the civil division of the regional court of justice that gave the decision or to the first instance court that gave the decision upon the reversal of the Court of Cassation or to the civil division of the regional court of justice or to the first instance court where the appellant is located.

(2) If the appeal petition is filed with a court other than the court that made the decision, it is recorded in the appeals register and the situation is immediately reported to the court whose decision is being appealed.

(3) A free receipt shall be given to the appellant.

Provisions to be applied by analogy

ARTICLE 366- (1) Articles 343 to 349 and 352 of this Law regarding appeal. The provisions of its articles shall also be applied by analogy in appeals.

Effect of appeal on execution

ARTICLE 367- (1) Appeal does not stay the execution of the decision. The provision of Article 36 of the Enforcement and Bankruptcy Law regarding the suspension of execution is reserved. The suspension of execution cannot be decided in alimony decisions.

(2) Decisions regarding personal law, family law and real rights related to real property cannot be implemented until they become final.

Appeal in bad faith

ARTICLE 368- (1) If it is understood that the appeal request was made in bad faith, the Supreme Court will decide in accordance with Article 329. the provisions of the article shall apply.

Appeal review and hearing

ARTICLE 369- (1) The Court of Cassation is not bound by the grounds of appeal put forward by the parties and may also examine other issues that it deems to be contrary to the clear provisions of the law.

(2) The Court of Cassation shall conduct the appeal review on the file. However, in cases concerning the dissolution of legal personality or the annulment of general assembly decisions, the nullity or annulment of marriage, divorce or separation, custody, lineage and restriction, and cases of receivables and receivables exceeding sixty thousand Turkish Lira in amount or value, if one of the parties has requested a hearing in the appeal or response petition, a date shall be determined by the Court of Cassation and the parties shall be sent an invitation as required. At least two weeks shall elapse between the date of notification and the hearing date. must be present; if the parties have arrived, this period is not taken into account. If the notification fee has not been paid, the hearing request is not taken into consideration. If it is understood that the hearing fee has been paid incompletely, it must be completed within a one-week definite period given by the head of the department, otherwise the hearing request will be deemed to have been abandoned, and the person requesting the hearing will be notified in writing. If the expenses are not completed within the given period, the Court of Cassation will conduct its review on the file.

(3) The second paragraph of Article 362 shall be applied in determining the hearing limit of sixty thousand Turkish Lira. is applied by analogy.59

(4) The Supreme Court may decide to hold a hearing ex officio in order to obtain information, without being bound by the provision of the second paragraph.

(5) In cases where the hearing date is determined, the Court of Cassation gives its decision after hearing the parties or the party that appears, or if none of the parties appear, by examining the file.

(6) Matters for which a hearing date cannot be decided must be decided within one month at the latest.

(7) Appeals regarding cases and matters declared to be urgent in the law are reviewed with priority.

Approval decisions

ARTICLE 370- (1) In its decision of approval, the Supreme Court must show the reasoning behind the conformity of the decision with the rules of law.

(2) (Amended: 31/3/2011-6217/29 art.) If the decision appealed is in accordance with the law in terms of its merits but should be overturned because an error was made in the application of the law to the case, and if there is no need for a retrial on the issue that does not comply with the law, the Court of Cassation may approve the decision by correcting it. The provision of this paragraph shall not apply to decisions that are not in accordance with the law in terms of their merits and to the actions decided by the judge within the scope of his/her discretionary authority.

(3) This provision also applies to errors regarding the identity of the parties and errors in writing, calculations or other clear expressions.

(4) If the decision complies with the procedure and law and the reasoning given is not found to be correct, it shall be approved by changing and correcting the reasoning.

Reasons for breaking

ARTICLE 371- (1) The Supreme Court may overturn the appealed decision partially or completely, citing the following reasons:

1. a) Wrong application of the law or the contract between the parties.
2. b) There is a violation of the conditions of the case.
3. c) The non-acceptance of evidence on which one of the parties relies to prove its case without a legal reason.
4. c) There are errors or deficiencies in the judgment that affect the decision.

Notification of Supreme Court decisions

ARTICLE 372- (1) The Court of Cassation’s reversal decisions and approval decisions are immediately notified to the parties by the court clerk.

(2) Notification expenses are collected in advance from the person requesting the appeal, together with the appeal petition. If these expenses are not paid, the provisions of Article 344 shall apply.

Compliance with or resistance to disruption

ARTICLE 373- (1) If the decision of the relevant chamber of the Supreme Court of Appeals to reverse the case in whole or in part is related to the decision of the regional court of justice to reject the application on the merits, the decision of the regional court of justice is annulled and the file is sent to the first instance court that made the decision or to another first instance court deemed appropriate, and a copy of the decision is sent to the regional court of justice.

(2) If the decision of the regional court of justice is reversed, either completely or partially, by the Supreme Court of Appeals, the file is sent to the regional court of justice that gave the decision or to another regional court of justice deemed appropriate.

(3) Regional Court of Justice, 344th After inviting the parties to the hearing and hearing them, the court decides whether or not to comply with the decision of the Court of Cassation to overturn the decision, by using the advance payment of the expenses in accordance with the article.

(4) If the first instance court decides to overturn the decision of the Supreme Court, an appeal may be lodged against this decision.

(5) If the first instance court or regional court of justice insists on its decision, in case of appeal of this decision, the examination shall be carried out by the chamber whose decision was resisted. The decision of resistance shall be examined first. If the chamber finds the decision of resistance to be justified, it shall correct its decision; if not, it shall send the file to the Civil Chamber of the Supreme Court of Appeals.

(6) (Added: 17/4/2013-6460/1 art.) The appeal review of the decision given by the lower court upon the reversal of the decision, which includes the rejection or acceptance of the case on the merits, in a way that would eliminate the previous reversal, shall in any case be carried out by the Civil Chamber of the Supreme Court of Appeals.

(7) It is mandatory to comply with the decision of the General Assembly of Law.

CHAPTER THREE

Return of Trial

Subject

ARTICLE 374- (1) Retrial may be requested against judgments that have been rendered final or have become final.

Reasons for remand of trial

ARTICLE 375- (1) A request for retrial may be made based on the following reasons:

1. a) The court is not constituted in accordance with the law.
2. b) The judge who is prohibited from hearing the case or whose request for rejection has been accepted as final by the court has made a decision or participated in the decision.
3. c) The case is heard and decided in the presence of persons who are not attorneys or representatives.
4. c) A document that could not be obtained during the trial due to reasons beyond the control of the party against whom the verdict was given, was obtained after the verdict was given.
5. d) It has been decided that the document on which the decision is based is forged or it has been admitted before a court or official authority that the document is forged.
6. e) It is proven that the witness whose statement was taken as the basis for the decision gave false testimony after the decision.
7. f) It is proven that the expert or translator has deliberately made false statements regarding the issue on which the decision is based.
8. g) It is proven by confession or written evidence that the party in whose favor the decision was made has taken the oath on which the decision was based falsely.
9. g) A judgment on which the decision is based has been repealed by another final judgment.
10. h) The party in whose favor the decision was made has committed a fraudulent act that affected the decision.
11. i) After the verdict given at the end of a case has become final, a verdict contrary to the previous one has been given in a second case with the same parties, subject and cause, and this verdict has also become final.
12. i) If the decision has been determined by a final decision of the European Court of Human Rights that it was made in violation of the Convention for the Protection of Human Rights and Fundamental Freedoms or its additional protocols, or if the decision is annulled as a result of a friendly settlement or unilateral declaration regarding the application made to the European Court of Human Rights against the decision.

(2) In cases in subparagraphs (e), (f) and (g) of the first paragraph, the request for retrial is subject to the condition that these reasons have been determined by a final criminal conviction decision. If criminal prosecution could not be initiated or a conviction decision could not be given for a reason other than lack of evidence, a criminal court decision is not required. In such a case, the reason for retrial on which retrial is based must first be proven in the retrial case.

Request by third parties to annul the judgment

ARTICLE 376- (1) The creditors of one of the parties to the case or those who have replaced the party against whom the judgment was given may request the annulment of the judgment on the grounds that the debtors or the persons they have replaced have committed fraud against them by mutual consent.

Duration

ARTICLE 377- (1) The period for retrial;

1. a) It was learned that the court was not established in accordance with the law,
2. b) The first paragraph of Article 375 In the cases stipulated in subparagraphs (b) and (c), the decision has been notified to the defendant or the real attorney or representative; the creditor or those acting in place of the defendant are duly informed of the decision,
3. c) The new document is obtained or the fraud is noticed,
4. c) The first paragraph of Article 375 In the cases in subparagraphs (d), (e), (f) and (g), the judgment regarding the criminal conviction has become final or the criminal prosecution has not been initiated or the investigation has been inconclusive,
5. d) It was learned that the verdict on which the decision was based was overturned and completely annulled as a final judgment,
6. e) The first paragraph of Article 375 For the reason stated in subparagraph (i), the final decision of the European Court of Human Rights has been notified,

three months from the date and, in any case, ten years from the date of finalization of the judgment which is the subject of the request for return.

(2) The first paragraph of Article 375 The period for retrial due to the reason stated in subparagraph (ı) is equal to the statute of limitations for the judgment.

Court to examine and guarantee

ARTICLE 378 – (1) The petition containing the request for retrial is examined by the court that made the decision.

(2) Depending on the nature of the reason relied upon , the court may request the person requesting retrial to provide an appropriate security to cover the damages and losses incurred by the other party.

Preliminary review of the request

ARTICLE 379 – (1) Upon the request for retrial, the court, after inviting and hearing the parties;

1. a) Whether the request was made within the legal period,
2. b) Whether the judgment sought to be annulled through retrial has been rendered definitively or has become final,
3. c) Whether the reason for retrial is one of the reasons stated in the law,

examines itself.

(2) If one of these conditions is missing, the judge shall reject the case without going into the merits.

Retrial or annulment of judgment

ARTICLE 380 – (1) If, at the end of the examination, the reason for the retrial is found to be proven, the decision given is approved or partially or completely changed depending on the situation that will emerge after a retrial. However, if the case is heard and decided in the presence of persons who are not attorneys or representatives without the express or implied consent of the plaintiff or in the first paragraph of Article 375, If the petition for retrial based on subparagraph (ı) is accepted, the judgment is annulled without any further review.

(2) This matter shall be indicated in all copies of the judgment requested to be reviewed by way of return.

Stay of execution

ARTICLE 381- (1) The lawsuit for retrial does not stay the execution of the judgment. However, if the need arises for a stay of execution upon request, depending on the nature of the lawsuit or judgment and other circumstances, the court examining the request for retrial may decide to stay the execution, provided that a guarantee is obtained from the person requesting the retrial. If the reason for retrial is based on a court decision, then no guarantee is required.

PART NINE

Non-contentious Jurisdiction

Non-contentious judicial proceedings

ARTICLE 382- (1) Non-contentious jurisdiction is the jurisdiction of the law by the courts in the following three categories: It is applied to the works that fall within this judgment according to one or more of the following criteria:

1. a) Cases where there is no dispute between the parties concerned.
2. b) Cases where the parties concerned do not have any rights that can be asserted.
3. c) Cases where the judge takes action ex officio.

(2) The following matters are considered as non-contentious judicial matters:

1. a) Non-contentious litigation in personal law:

1) Being made an adult.

2) Change of name and surname.

3) Determination that the person who was recorded dead in the population register due to the presumption of death (by order of the local governor of the relevant place) is alive.

4) Decision of absence.

5) Correction of the record in the personal status register.

1. b) Non-contentious litigation in family law:

1) Do not allow those who are not yet of marriageable age to marry.

2) Dissolution of marriage due to absence.

3) Objection to the marriage officer’s decision to reject the marriage application.

4) The judge removes the waiting period for remarriage.

5) Inviting the abandoning spouse to the shared residence.

6) Authorization of one of the spouses to represent the marriage union alone.

7) Requesting the judge’s intervention in cases where the consent of the other spouse cannot be obtained for transactions related to the family residence.

8) Converting the current property regime to a property separation regime upon the request of one of the spouses or creditors, and returning from property separation to the old regime if the reasons are eliminated.

9) In the event of divorce or annulment of marriage in the event of a shared property separation, deciding which spouse will continue to use the family home and household goods.

10) Granting the surviving spouse the right of ownership or usufruct over the family home and household goods.

11) In cases of community of property, permission is granted to one of the spouses to reject the inheritance.

12) Permission is given to the parents to spend a portion of their child’s property for the child’s care and education.

13) Removal of custody, taking custody from one spouse and giving it to the other, and returning the removed custody.

14) The judge’s intervention in the management of the child’s property and the transfer of the management of the child’s property to a trustee.

15) When the marriage ends, the spouse who has custody must submit a book regarding the child’s property to the judge.

16) Permission to establish a family dormitory, notification and announcement of the establishment, permission to delete the annotation in the land registry in case of closure, and granting a temporary exemption from the condition that the real estate is used by the owner or his/her family.

17) Measures to be decided by the family court judge in accordance with the Law on the Protection of the Family No. 4320 dated 14/1/1998.

18) The decision to take protective and supportive measures regarding children is taken by the juvenile judge upon the request of the child’s mother, father, guardian, the person responsible for the child’s care and supervision, the Social Services and Child Protection Agency and the public prosecutor, or ex officio.

19) Guardianship matters.

1. c) Non-contentious litigation in inheritance law:

1) Preparation of an official will by a justice of the peace; keeping of the handwritten will by the justice of the peace; submission of the oral will record to the justice of the peace or the court of first instance.

2) Notification of duty to the executor of the will.

3) Allowing the executor to dispose of the estate property.

4) Delivery of the inheritance share of the absentee to his heirs.

5) Taking measures to protect the estate assets and ensure that they reach their rightful owners.

6) Issuance of a certificate of inheritance.

7) Notification to the heirs that the estate registration process has been completed, determination and registration of the declaration of refusal of inheritance; notification of the refusal of inheritance to the heirs coming after the person who refusal of inheritance; extension of the period for refusal of inheritance.

8) Keeping the official book of the estate.

9) The decision of the judge of peace to allocate or sell the property with its characteristics to one of the heirs.

ç) Non-contentious litigation matters in property law:

1) Making corrections that will not create a party to the real estate and will not cause any violation of rights.

2) Appointment of a trustee for the creditor in a real estate mortgage.

1. d) Non-contentious litigation in the law of obligations:

1) The representative whose authority has expired must submit the representation document to the court.

2) Granting time to the debtor to perform or provide security.

3) Determination of a place of deposit or sale of goods that cannot be deposited.

4) Delivery of the debt, the creditor of which is in dispute, to the court.

5) Examination of the defective animal by an expert.

6) Detection of defects in distance sales or permission to sell defective goods.

7) In the employment contract that provides for the employee to be given a share of the profit, the court appoints a person to examine the employer’s accounts.

8) Having an expert determine whether the work is defective or not in the work contract.

9) Determining the damage to the goods sent to the broker to be sold.

10) Permission to sell the goods held by the broker by auction.

1. e) Non-contentious litigation in commercial law:

1) Providing documentation in case of loss of commercial books.

2) Sale of the goods received by the agent on behalf of his client in accordance with the Code of Obligations.

3) Appointment of a liquidator in the liquidation of a collective company.

4) Appointment of an expert to examine the company accounts upon the request of the limited partner.

5) Obtaining an expert report and obtaining the court’s permission for the capital contribution in kind in a joint stock company, the takeover of a business exceeding one tenth of the capital within two years from registration, and the capital reduction.

6) Cancellation of negotiable instruments.

7) Determining the damage and deficiency of the goods during the transportation of goods; deciding to sell the goods in accordance with the provisions of the Code of Obligations in case they cannot be delivered; examining the goods sent through the court.

8) Appointment of a trustee in cases where the owner cannot be found in a ship mortgage.

9) Preparation of sea report.

10) Determination of the ship’s departure date by the court in the Kırkambar contract.

11) In the freight contract, having the expert determine the condition and situation of the goods, their dimensions, numbers and weights at the discharge port.

12) Appointment of an adjuster in general averages and approval of the adjuster by the court.

13) Appointment of an expert to determine the damage and its scope in insurance against maritime risks.

14) Appointment of experts to assess the value of capital in kind in cooperatives.

1. f) Non-contentious litigation matters in enforcement and bankruptcy law:

1) In case the creditor is absent or refuses to collect the mortgaged debt, the enforcement court decides to terminate the mortgage upon the delivery of the debt amount to the enforcement office.

2) Direct bankruptcy.

3) Removal of bankruptcy.

4) Decision to close the bankruptcy.

5) The suspension of the liquidation of the rejected inheritance by the court upon the request of one of the heirs to accept the inheritance.

6) Granting a term for the concordat and appointing a commissioner.

7) Confirmation of the concordat.

8) Announcement of the project for the restructuring of capital companies and cooperatives through reconciliation and appointment of the interim auditor.

9) In extraordinary circumstances, granting a grace period to the debtor who is unable to fulfill his debts without any fault.

1. g) Non-contentious litigation matters in various laws:

1) Sealing of the page joints of the population registers by the civil court of first instance.

2) Notaries are required to take an oath in court when they begin their duties.

3) Court certification of copies of notary documents and books to be sent elsewhere.

4) Other situations where public officials are required by law to take an oath before a court.

Court of competent jurisdiction

ARTICLE 383- (1) The court competent for non-contentious judicial matters is the civil court of peace, unless there is a regulation to the contrary.

Authority in non-contentious litigation

ARTICLE 384 – (1) Unless otherwise provided in the law, the court where the person making the request or one of the interested parties resides has jurisdiction for non-contentious litigation.

Trial procedure

ARTICLE 385- (1) In non-contentious judicial proceedings, simple trial procedure shall be applied to the extent appropriate to its nature.

(2) In non-contentious litigation, the principle of ex officio investigation applies unless there is a provision to the contrary.

(3) The procedure to be applied in non-contentious judicial matters entrusted to official authorities other than the courts is subject to the provisions specified in the relevant special laws.

Procedure for sealing, recording and preparation of oath minutes

ARTICLE 386 – (1) The procedure for organizing works such as sealing, recording and oath taking is determined in the regulation to be issued by the Ministry of Justice in accordance with this Law.

Recourse against decisions

ARTICLE 387 – (1) Those who have a legal interest in the decisions given in non-contentious court cases, shall have two weeks from the date of learning of the decision, without prejudice to special legal regulations. They may appeal within the framework of the provisions of this Law.

Nature of decisions

ARTICLE 388- (1) Unless otherwise provided by law, non-contentious court decisions do not constitute final judgments in the material sense.

PART TEN

Temporary Legal Protections

CHAPTER ONE

Interim injunction

Conditions for precautionary measures

ARTICLE 389 – (1) In cases where there is concern that the acquisition of a right will become significantly difficult or completely impossible due to a change in the current situation, or that a disadvantage or serious damage will arise due to delay, an interim injunction may be issued regarding the subject of the dispute.

(2) The provision of the first paragraph shall also apply to non-contentious litigation to the extent that it is consistent with its nature.

Request for preliminary injunction

ARTICLE 390 – (1) Before a lawsuit is filed, provisional measures can be requested from the court that has jurisdiction and authority over the main case; after a lawsuit is filed, they can only be requested from the court where the main case is heard.

(2) In cases where it is necessary to immediately protect the rights of the requester, the judge may decide on the measure without hearing the other party.

(3) The party requesting the measure must clearly state the reason and type of the measure on which it relies in its petition and approximately prove its rightfulness in terms of the merits of the case.

Precautionary measure decision

ARTICLE 391- (1) The court may decide on any measure that will eliminate the inconvenience or prevent the damage, such as preserving the property or right that is the subject of the measure, entrusting it to a trustee, or doing or not doing something.

(2) In the provisional injunction decision;

1. a) Name, surname and place of residence of the person requesting interim relief, his/her legal representative and attorney, if any, and the other party, and the Turkish Republic identity number of the person requesting the interim measure,
2. b) The reason and evidence on which the measure is based, clearly and concretely,
3. c) Without any room for doubt, what and what kind of measure was decided upon,
4. c) What amount and what type of security will be provided by the requester?

is written.

(3) (Amended: 22/7/2020-7251/40 art.) The decision to reject the request for provisional injunction is given with reasons and legal remedies may be applied against this decision. The party against whom the provisional injunction decision was issued may also apply to legal remedies. These applications are examined first and a final decision is made.

Providing security in precautionary measures

ARTICLE 392- (1) The person requesting provisional measures must provide security against possible damages that the other party and third parties may suffer if he/she is found to be wrong. If the request is based on an official document, other definitive evidence or if the situation and conditions require it, the court may decide not to take security, provided that the reason is clearly stated. A person benefiting from legal aid is not required to provide security.

(2) If a compensation lawsuit is not filed within one month from the date of the finalization of the judgment on the main case or the lifting of the provisional injunction, the security deposit will be returned.

Implementation of provisional injunction decision

ARTICLE 393 – (1) The application of the provisional injunction decision must be requested within one week from the date of notification or service of this decision to the party requesting the injunction. Otherwise, the provisional injunction decision shall automatically be lifted even if a lawsuit is filed within the legal period.

(2) The enforcement of the injunction decision is requested from the enforcement office within the jurisdiction of the court that issued the decision or where the property or right subject to the injunction is located. The court may also assign the chief clerk in the enforcement of the injunction by specifying it in its decision.

(3) If necessary, force may be used to enforce the provisional injunction decision. In terms of using force, all law enforcement officers and village headmen are obliged to assist and comply with the orders of the officer who will implement the application upon his written request.

(4) The officer who applies the precautionary measure shall prepare a report. The subject of the measure and its location shall be indicated in this report; any claim regarding the subject of the measure shall be recorded in this report. The officer who applies the measure shall serve a copy of this report to the parties who were not present at the time of the measure and, if applicable, to a third party.

(5) In case of a legal action regarding provisional injunction decisions, only copies of the files and evidence regarding the injunction are sent to the relevant court.

Objection against provisional injunction decision

ARTICLE 394 – (1) An objection may be made to interim injunction decisions given without hearing the opposing party. Unless otherwise decided, the objection does not stay the execution.

(2) If the opposing party is present during the application of the provisional measure, he/she may object to the court that issued the decision regarding the conditions of the provisional measure, the jurisdiction of the court and the security within one week from the date of application of the measure; if he/she is not present, within one week from the date of notification of the minutes regarding the application of the measure. (Additional sentence: 22/7/2020-7251/42 art.) After the lawsuit is filed on the merits, the court that is hearing the case shall decide on the objection.

(3) Third parties whose interests are clearly violated due to the implementation of the provisional injunction may also object to the terms of the provisional injunction and the security within one week from the date they learn of the provisional injunction.

(4) Objection is made by petition. The objector must clearly state the reasons for objection and attach all evidence on which his objection is based to his petition. The court invites the relevant parties to be heard; if they fail to attend, it examines the file and makes its decision. Upon objection, the court may change or lift the injunction decision.

(5) Legal action may be taken against the decision made on the objection. This application is first examined and a final decision is made. The application to legal action does not stop the implementation of the measure.

Change or removal of the measure against collateral

ARTICLE 395 – (1) If the person against whom an interim injunction decision is given or against whom such an injunction decision is applied provides the security that will be accepted by the court, the court may decide to change or lift the injunction, depending on the situation.

(2) The amount of the guarantee is determined according to the change or removal of the measure; its type is determined according to Article 87. is determined according to the article.

(3) The third and fourth paragraphs of Article 394 regarding objection are applied by analogy.

Change or removal of the measure due to change of situation and conditions

ARTICLE 396 – (1) If it is proven that the situation and conditions have changed, a decision can be made to change or lift the provisional measure upon request, without requiring any security.

(2) Article 394 regarding the objection The third and fourth paragraphs of the article are applied by analogy.

Procedures complementing precautionary measures

ARTICLE 397 – (1) If the provisional injunction decision was given before the lawsuit was filed, the person requesting the injunction shall have two weeks from the date of requesting the implementation of this decision. He/she must file a lawsuit on the merits within 15 days and present the documents regarding the lawsuit to the officer who enforces the decision and have them placed in the file and receive a document in return. Otherwise, the measure will be lifted automatically.

(2) The effect of the provisional injunction decision continues until the final decision becomes final, unless otherwise stated.

(3) If the measure is lifted or abolished, this matter is notified to the relevant authorities.

(4) The provisional injunction file is considered an annex to the main case file.

Penalty for opposition to the measure

ARTICLE 398- (Amended: 22/7/2020-7251/43 art.)

(1) A person who does not comply with the order regarding the implementation of the provisional injunction decision or who acts contrary to the provisional injunction decision shall be punished with disciplinary imprisonment of up to six months upon complaint being made within six months from the date of learning of the violation. The competent and authorized court is the court that issued the provisional injunction decision, if the lawsuit on the merits has not yet been filed; if the lawsuit on the merits has been filed, the court where this lawsuit is heard. 

(2) An invitation letter stating the date and time of the hearing shall be sent to the person complained about, together with the petition of complaint. The invitation shall warn that the person must submit his/her defence and evidence by the hearing date and that if he/she fails to attend the hearing, the trial shall continue in his/her absence and the decision shall be made.

(3) The court takes the defence of the complainant by reminding him of his rights specified in Article 147 of Law No. 5271.

(4) The court shall conduct the necessary investigation by evaluating the evidence in the file. If, at the end of the trial, it is determined that the complainant did not comply with the order regarding the implementation of the provisional injunction decision or acted contrary to the injunction decision, the court shall punish him with disciplinary imprisonment in accordance with the first paragraph; otherwise, the complaint shall be rejected.

(5) The parties may object to the decision within two weeks from the notification of the decision (…) 65. If the court that gave the decision in that place has more than one chamber, the chamber that is numbered after it; if the chamber that gave the decision in that place has the chamber numbered first; if the court that gave the decision in that place has only one chamber, the court of the same level and rank in the nearest place shall examine the objection.

(6) The objection authority shall make its decision within one week. If the authority finds the objection justified, it shall decide on the merits of the case. The decision given on the objection is final.

(7) Disciplinary detention decisions made in accordance with this article cannot be executed before they become final. The execution of final decisions is carried out by the Office of the Chief Public Prosecutor.

(8) If the behavior contrary to the injunction decision ends or the requirements of the injunction decision are fulfilled or the complaint is withdrawn, the lawsuit and the penalty together with all its consequences are dismissed.

(9) The decision regarding disciplinary detention cannot be implemented more than two years after it becomes final.

Compensation

ARTICLE 399- (1) If the party in whose favor the interim injunction decision is made is found to be unjust at the time of requesting the interim injunction, or if the interim injunction decision is lifted automatically or is lifted upon objection, the party is liable to compensate for the damages suffered due to the unjust interim injunction.

(2) A lawsuit for compensation arising from unfair interim measures shall be filed in the court where the case on the merits was decided.

(3) The right to file a compensation claim becomes time-barred after one year has passed from the date the judgment becomes final or the provisional injunction is lifted.

CHAPTER TWO

Evidence Detection and Other Temporary Legal Protections

Circumstances in which evidence determination may be requested

ARTICLE 400 – (1) Each party may request that procedures such as conducting a discovery, having an expert examination or taking witness statements be carried out in order to establish a fact that has not yet been examined or that they will put forward in a future case in a case they will file.

(2) In order to request the detection of evidence, there must be a legal interest. Except for the cases clearly stipulated in the law, if there is a possibility that the evidence will be lost or its presentation will be significantly difficult if it is not detected immediately, a legal interest is deemed to exist.

Duties and powers

ARTICLE 401 – (1) In cases where a lawsuit has not yet been filed, the determination of evidence is requested from the court that will hear the case on the merits or from the court of peace where the thing on which discovery or expert examination will be conducted is located or where the person to be heard as a witness resides.

(2) The provisions regarding the determination of facts to be made by notaries in accordance with the Notary Law No. 1512 dated 18/1/1972 are reserved.

(3) In the lawsuit filed on the merits, it cannot be claimed that the court that determined the evidence lacked jurisdiction and jurisdiction.

(4) Only the court where the case is pending has jurisdiction and authority to hear any request for evidence made after the case is filed.

Request for detection of evidence and decision

ARTICLE 402- (1) Requests for detection of evidence are made by petition. The petition shall include the fact requested to be detected, questions requested to be asked to witnesses or experts, reasons that raise suspicion that evidence will be lost or difficult to present, and the name, surname and address of the person against whom detection of evidence is requested. The person requesting detection shall state the circumstances and conditions. If the applicant cannot show the person against whom the determination will be made due to lack of opportunity, his/her request is considered valid.

(2) Subsequent procedures will not be carried out unless the determination costs determined by the court are paid in advance.

(3) If the request for determination is found justified by the court, the decision is notified to the opposing party together with the petition. The decision also states how and when the determination of evidence will be carried out, whether the opposing party may be present during the execution of the determination, and that any objections and additional questions must be notified within one week.

(4) (Added: 22/7/2020-7251/44 art.) After the determination is made, the determination report and a copy of the expert report, if any, are served to the other party by the court ex officio.

Detection in urgent cases

ARTICLE 403 – (1) In cases where it is necessary to protect the rights of the claimant, evidence collection may be made without notification to the other party. After the collection, the court shall automatically serve a copy of the petition for collection, the decision for collection, the report of collection and, if any, the expert report to the other party. The other party may object to the decision for the collection of evidence within one week from the date of notification.

Provisions to be applied in the decision on the determination of evidence

ARTICLE 404 – (1) If a decision has been made on which evidence will be used to establish the fact to be determined, the provisions regarding the collection of that evidence shall be applied in the execution of this decision.

Minutes and other documents

ARTICLE 405- (1) The evidence file is considered an annex to the main case file and is combined with it. Each party to the main case may rely on these minutes and reports to prove their claim or defense. 

Other temporary legal protections

ARTICLE 406- (1) In necessary cases, the court may decide to keep a book or seal the property or rights.

(2) Special provisions in other laws regarding temporary legal protections such as precautionary seizure, preservation measures and decisions in the nature of temporary regulations are reserved.

PART ELEVEN

Arbitration

Area of application

ARTICLE 407- (1) The provisions in this Section shall apply to Law No. 4686 dated 21/6/2001. It is applied to disputes that do not contain a foreign element as defined by the International Arbitration Law and where the place of arbitration is determined as Türkiye.

Arbitrability

ARTICLE 408- (1) Disputes arising from real rights over immovable properties or matters not subject to the will of the two parties are not arbitrable.

Waiver of right to object

ARTICLE 409 – (1) If a provision or arbitration agreement to which the parties may agree is not complied with, the relevant party may object to this non-compliance. The relevant party may object to this non-compliance within two weeks from the date on which it learns of the non-compliance. or if he/she continues the arbitration without objecting within the period agreed upon by the arbitrators on this matter, he/she shall be deemed to have waived his/her right to object.

The competent court for arbitration

ARTICLE 410- (1) (Amended: 28/2/2018-7101/57 art.) In arbitration proceedings, the competent court for the works specified by the court to be conducted is the civil court of first instance or the commercial court of first instance, depending on the subject matter. If the place of arbitration has not been determined, the competent court is the civil court of first instance or the commercial court of first instance, depending on the subject matter, and the competent court is the court of the defendant’s place of residence, residence or workplace in Turkey.

Court assistance

ARTICLE 411- (1) Assistance of the courts in arbitration proceedings is possible in cases expressly permitted in this Section.

Definition and form of arbitration agreement

ARTICLE 412- (1) An arbitration agreement is an agreement between the parties to leave the resolution of all or part of the disputes that have arisen or may arise from a contractual or non-contractual legal relationship to an arbitrator or arbitration board.

(2) The arbitration agreement may be made as a condition of the contract between the parties or as a separate contract.

(3) The arbitration agreement shall be made in written form. In order for the written form requirement to be deemed to be fulfilled, it is sufficient for the arbitration agreement to be recorded in a written document signed by the parties or in a means of communication such as letter, telegram, telex, fax or electronic medium exchanged between the parties or for the defendant not to object in his response to the claim that there is a written arbitration agreement in the petition. The arbitration agreement shall also be deemed to have been made if a reference is made to a document containing an arbitration clause in order to make it a part of the main contract.

(4) No objection can be raised against the arbitration agreement, stating that the main agreement is not valid or that the arbitration agreement relates to a dispute that has not yet arisen.

(5) If the parties agree to resort to arbitration during the trial, the case file is sent by the court to the relevant arbitrator or arbitration board.

Arbitration objection

ARTICLE 413- (1) If a lawsuit is filed in court to resolve a dispute that is the subject of an arbitration agreement, the other party may raise an initial objection to arbitration. In this case, if the arbitration agreement is not null and void, ineffective or impossible to enforce, the court accepts the objection to arbitration and dismisses the case on procedural grounds.

(2) The raising of an arbitration objection does not prevent arbitration proceedings.

Precautionary measures and detection of evidence

ARTICLE 414- (1) Unless otherwise agreed, during the arbitration proceedings, the arbitrator or arbitration tribunal may, upon the request of one of the parties, decide to order provisional measures or to take evidence. The arbitrator or arbitration tribunal may make the granting of provisional measures contingent on the provision of appropriate security.

(2) The court decides on the enforceability of the decision of the arbitrator or arbitration board upon the request of one of the parties, provided that there is a valid arbitration agreement.

(3) In cases where the arbitrator or arbitration board or another person to be appointed by the parties cannot act in a timely or effective manner, one of the parties may apply to the court for interim measures or for the recording of evidence. If these circumstances do not exist, the application to the court may be made only on the basis of the permission to be obtained from the arbitrator or arbitration board or the written agreement of the parties on this matter.

(4) Unless otherwise decided, an interim measure decision given by the court upon the request of one of the parties before or during the arbitration proceedings shall automatically expire when the decision of the arbitrator or arbitration board becomes enforceable or when the case is rejected by the arbitrator or arbitration board.

(5) The provisional measure decision given by the court may be changed or abolished by the arbitrator or the arbitration board.

Number of referees

ARTICLE 415- (1) The parties are free to determine the number of arbitrators. However, this number must be odd.

(2) If the number of arbitrators has not been agreed upon by the parties, three arbitrators shall be selected.

Selection of referees

ARTICLE 416 – (1) The parties are free to decide on the procedure for selecting the arbitrator or arbitrators. Unless otherwise agreed by the parties, the following procedure shall be applied in selecting the arbitrator:

1. a) Only real persons can be selected as referees.
2. b) If a sole arbitrator is to be appointed and the parties cannot agree on the appointment of an arbitrator, the arbitrator shall be appointed by the court upon the request of one of the parties.
3. c) If three arbitrators are to be appointed, each party shall appoint one arbitrator; the two arbitrators thus elected shall appoint the third arbitrator. If one of the parties fails to appoint its arbitrator within one month of receiving the request of the other party, or if the two arbitrators elected by the parties fail to appoint the third arbitrator within one month of their election, the court shall appoint the arbitrator upon the request of one of the parties. The third arbitrator shall serve as the chairman.
4. c) If more than three arbitrators are to be selected, the arbitrators who will select the last arbitrator are determined in equal numbers by the parties in accordance with the procedure specified in the above clause.
5. d) If there is more than one arbitrator, at least one of them must be a legal professional with five years or more seniority in his/her field.

(2) Although the referees have decided on the selection procedure;

1. a) If one of the parties fails to comply with the contract,
2. b) If the parties or the arbitrators chosen by the parties should decide together on the selection of an arbitrator according to the agreed procedure, but the parties or the arbitrators cannot agree on this matter,
3. c) If the third person, institution or organization authorized to appoint an arbitrator does not appoint the arbitrator or the arbitration board,

The selection of the arbitrator or arbitration board is made by the court upon the request of one of the parties. No legal remedy can be taken against the decisions given by the court in accordance with the provisions of this paragraph after hearing the parties when necessary. In selecting the arbitrator, the court shall take into consideration the parties’ agreement and the principles of independence and impartiality of the arbitrators. The same procedure shall be applied in cases where more than three arbitrators are to be selected.

Reasons for rejection

ARTICLE 417 – (1) The person who is offered arbitration shall, before accepting this duty, consider the circumstances and conditions which justify doubting his impartiality and independence. If the parties have not been informed in advance, the arbitrator shall inform the parties without delay of any situations that arise subsequently.

(2) An arbitrator may be challenged if he or she does not have the qualifications agreed upon by the parties, if there is a ground for challenge provided for in the arbitration procedure agreed upon by the parties, or if there are circumstances and conditions justifying doubts about his or her impartiality. A party may challenge an arbitrator appointed by or in whose appointment it participated only on the basis of grounds for challenge learned after the date of appointment of the arbitrator.

Procedure for challenging the referee

ARTICLE 418 – (1) The parties may freely decide on the procedure for challenging the arbitrator.

(2) The party wishing to challenge an arbitrator may, within two weeks from the date of selection of the arbitrator or the arbitration board or from the date on which it learns that a situation has arisen in which it may request challenge of the arbitrator, make a challenge request and notify the other party in writing of this request. If the challenged arbitrator does not withdraw on his own or if the other party does not accept the challenge, the challenge shall be decided by the arbitration board.

(3) The party requesting the arbitration board to challenge one or more arbitrators shall notify the arbitration board of the request for challenge and the reasons therefor. The party learning that the request for challenge has not been accepted may apply to the court within one month from this date to have the decision annulled and to have a decision made on the request to challenge the arbitrator or arbitrators.

(4) Only the court can be appealed for the challenge of the selected arbitrator or the entire arbitration board or a number of arbitrators that would eliminate the majority decision. No legal action can be taken against the decisions of the court in accordance with this paragraph.

(5) If the court accepts the request for refusal of the selected arbitrator or the entire arbitration board or a number of arbitrators that will eliminate the majority of the decision, the arbitration ends. However, if the names of the arbitrators or arbitrators are not specified in the arbitration agreement, a new arbitrator shall be appointed.

Responsibility of referees

ARTICLE 419 – (1) Unless otherwise agreed by the parties, if the arbitrator who accepts the duty in the arbitration proceedings refrains from performing his duty without a justified reason, he is obliged to compensate the damages suffered by the parties for this reason.

Failure to perform duty

ARTICLE 420 – (1) If an arbitrator is unable to perform his duty at all or on time due to legal or factual reasons, his arbitration duty ends by resignation or by agreement of the parties to this effect.

(2) If there is a disagreement between the parties as to the reasons that necessitate the arbitrator’s withdrawal, each party may request the court to decide on the termination of the arbitrator’s authority. The court’s decision is final.

(3) The resignation of the arbitrator or the consent of the other party to the termination of the arbitrator’s authority does not mean that the grounds for challenge exist.

New referee election

ARTICLE 421 – (1) If the duty of one of the referees ends for any reason, a new referee shall be elected in his place, using the same procedure as for his election.

(2) The time spent to replace one or more arbitrators shall not be counted as part of the arbitration period.

(3) If the names and surnames of the arbitrator or the arbitrators forming the arbitration board are specified in the arbitration agreement, the arbitration shall also be terminated if the duty of the arbitrator, the arbitration board or a number of arbitrators that would eliminate the majority of the decision of the board ends for any reason.

The arbitrator’s decision on his own competence

ARTICLE 422 – (1) The arbitrator or arbitration board may decide on its own jurisdiction, including objections to the existence or validity of the arbitration agreement. In making this decision, the arbitration clause in a contract is evaluated independently of the other provisions of the contract. The arbitrator or arbitration board’s decision on the invalidity of the main contract does not automatically result in the invalidity of the arbitration agreement.

(2) Objections to the lack of jurisdiction of the arbitrator or arbitration board shall be made in the response petition at the latest. The fact that the parties have personally appointed arbitrators or participated in the appointment of arbitrators does not eliminate their right to object to the jurisdiction of the arbitrator or arbitration board.

(3) Any objection that the arbitrator or arbitration committee has exceeded its authority must be raised immediately.

(4) If the arbitrator or arbitration board concludes that the delay is based on a justified reason in both of the above-mentioned cases, it may accept the objection that is not put forward in due time.

(5) The arbitrator or arbitration board examines and decides on the objection of lack of jurisdiction as a preliminary issue; if it decides that it has jurisdiction, it continues the arbitration proceedings and decides on the case.

Equality of the parties and the right to be heard

ARTICLE 423- (1) Parties have equal rights and authorities in arbitration proceedings. Parties are given the opportunity to exercise their right to be heard.

Determination of the trial procedure

ARTICLE 424 – (1) The parties may freely agree on the rules of procedure to be applied by the arbitrator or arbitration board, without prejudice to the mandatory provisions of this Section, or they may determine them by referring to the arbitration rules. If there is no such agreement between the parties, the arbitrator or arbitration board shall conduct the arbitration proceedings in a manner it deems appropriate, taking into account the provisions of this Section.

Place of arbitration

ARTICLE 425- (1) The place of arbitration is freely determined by the parties or an arbitration institution chosen by them. If there is no agreement on this matter, the place of arbitration is determined by the arbitrator or arbitration board according to the characteristics of the case.

(2) The arbitrator or arbitration board may meet at another location in cases where the arbitration proceedings require it, provided that it notifies the parties in advance, and may also conduct similar procedures such as hearings and discovery.

Case date

ARTICLE 426- (1) Unless the parties agree otherwise, the arbitration case is deemed to have been opened on the date on which the court or the person, institution or organization that will appoint the arbitrators in accordance with the parties’ agreement is applied for the appointment of arbitrators, and if the appointment of arbitrators is up to both parties in accordance with the agreement, the plaintiff selects its arbitrator and notifies the other party to select its own arbitrator; if the names and surnames of the arbitrators or arbitrators constituting the arbitration board are specified in the agreement, the request for the dispute to be resolved through arbitration is received by the other party.

(2) If one of the parties has obtained a provisional measure or provisional attachment decision from the court, it must file the arbitration case within two weeks. Otherwise, the provisional measure or provisional attachment will automatically be terminated.

Arbitration period

ARTICLE 427 – (1) Unless the parties agree otherwise, in cases where one arbitrator will serve, the arbitrator or the arbitration board shall decide on the merits within one year from the date on which the arbitrator was selected, or in cases where more than one arbitrator will serve, within one year from the date on which the minutes of the first meeting of the arbitration board were drawn up.

(2) The arbitration period may be extended by the parties’ agreement, or by the court upon the application of one of the parties in case of failure to agree. The court’s decision on this matter is final.

Lawsuit and response petition

ARTICLE 428 – (1) Within the period agreed upon by the parties or to be determined by the arbitrator, the plaintiff shall submit the arbitration clause or agreement, together with the main contract, if any, and the facts on which he bases his claim and his demand; the defendant shall submit his defence and the facts on which he bases his claim with a petition to the arbitrator or arbitration board.

(2) The parties may attach written evidence to their petitions and show evidence they will present in the future.

(3) Unless otherwise agreed by the parties, the parties may amend or expand their claims or defences during the arbitration proceedings. However, if the arbitrator or arbitral tribunal finds that such action has been taken too late or would cause undue hardship to the other party or other circumstances and conditions, The claim or defense cannot be modified or expanded in a way that goes beyond the scope of the arbitration agreement.

Holding a hearing or reviewing the file

ARTICLE 429 – (1) The arbitrator or arbitration board may decide to hold a hearing for reasons such as the submission of evidence, the making of oral statements or the request for an explanation from an expert; it may also decide to conduct the trial on the basis of the file. Unless the parties agree otherwise, the arbitrator or arbitration board shall decide to hold a hearing at the appropriate stage of the trial upon the request of one of the parties.

(2) The arbitrator or arbitration board shall notify the parties of any meeting or hearing to be held for the examination of discovery, expert examination or other evidence in relation to the case, and the results of these in the event of the parties’ failure to attend, within an appropriate period of time.

(3) Petitions, information and other documents submitted to the arbitrator or arbitration board are notified to the parties.

Failure of one of the parties to participate in the trial

ARTICLE 430 – (1) If one of the parties does not participate in the trial, the following provisions shall apply:

1. a) If the plaintiff fails to submit the petition within the time limit without showing a valid reason; if the petition is not in accordance with the procedure and if the deficiency is not remedied within the period determined by the arbitrator or the arbitration board, the arbitrator or the arbitration board shall terminate the arbitration proceedings.
2. b) If the defendant does not submit a response petition, this situation will not be considered as an admission of the plaintiff’s allegations or acceptance of the case, and the trial will continue.
3. c) If one of the parties does not attend the hearing or refrains from presenting evidence without a valid reason, the arbitrator or arbitration board may continue the arbitration proceedings and make a decision based on the available evidence.

Selection of expert witness by the arbitrator or arbitration board

ARTICLE 431- (1) The arbitrator or arbitration board;

1. a) To select one or more experts to report on the issues determined by him ,
2. b) The parties are required to make the necessary explanations to the expert and provide the relevant documents and information,
3. c) Conducting reconnaissance,

can decide.

(2) Unless otherwise agreed, upon the request of one of the parties or upon the deeming necessary by the arbitrator or the arbitration board, the experts shall attend the hearing to which they will be called after submitting their written or oral reports. In this hearing, the parties may ask questions to the experts and may have special experts of their choice heard on the subject of the dispute.

Gathering evidence

ARTICLE 432 – (1) One of the parties may request assistance from the court in collecting evidence with the approval of the arbitrator or arbitration board.

Decision of the arbitration board

ARTICLE 433- (1) Unless otherwise agreed by the parties, the arbitration committee may also decide by majority vote.

(2) If the parties or other members of the arbitration board have so authorized, the chairman of the arbitration board may decide alone on certain matters relating to the procedure.

(3) The arbitrator or arbitration board may decide in accordance with the rules of equity and fairness or through a friendly solution only if the parties have expressly authorized it.

Peace

ARTICLE 434 – (1) If the parties reach an agreement on the dispute during the arbitration proceedings, the arbitration proceedings shall be terminated. If the request of the parties is not contrary to morality or public order or is related to a matter that is suitable for arbitration, the agreement shall be determined as an arbitration decision.

Termination of arbitration proceedings

ARTICLE 435 – (1) Arbitration proceedings end with the final arbitration decision or the occurrence of one of the following events:

1. a) If the plaintiff withdraws his case upon the defendant’s objection, except if the arbitrator or arbitration board accepts that the defendant has a legal interest in the final resolution of the dispute.
2. b) If the parties agree to terminate the trial.
3. c) If the arbitrator or arbitration board deems it unnecessary or impossible to continue the proceedings for any other reason.
4. c) Second paragraph of Article 427 If the request for extension of the arbitration period is rejected by the court.
5. d) If the arbitration committee cannot reach a unanimous decision, even though the parties have agreed that the decision will be given unanimously.
6. e) Second paragraph of Article 442 If no advance payment is made for litigation expenses in accordance with the

(2) 437th Without prejudice to the provisions of this article, the authority of the arbitrator or arbitration committee shall be terminated upon the conclusion of the proceedings.

Form, content and storage of the arbitration award

ARTICLE 436- (1) In referee decisions;

1. a) Names and surnames of the arbitrator or arbitration board members who made the decision,
2. b) Names, surnames, titles and addresses of the parties and their representatives and attorneys, if any,
3. c) Legal reasons and justification on which the decision is based,
4. c) Rights and obligations and litigation expenses clearly and explicitly assigned to the parties under a serial number,
5. d) The period in which a suit for annulment can be filed against the decision,
6. e) Place of arbitration and date of the award,
7. f) Signatures of all or the majority of the arbitrators or arbitration board members who made the decision and a dissenting opinion note, if attached to the decision.

is shown.

(2) Unless otherwise agreed, the arbitrator or arbitration board may give partial decisions.

(3) (Amended: 22/7/2020-7251/45 art.) The arbitrator’s decision is notified to the parties by the arbitrator, the chairman of the arbitration board or the relevant arbitration institution. In addition, the original of the decision is sent to the court together with the file and kept by the court.

Clarification, correction and completion of the arbitration award

ARTICLE 437 – (1) Unless a different period has been stipulated in advance, each party shall submit a notice of the arbitration award within two weeks from the date of notification. by applying to the arbitrator or arbitration board, provided that the other party is informed;

1. a) Correction of any calculation, writing or other material errors in the arbitrator’s decision,
2. b) Explanation of a specific issue or part of the decision,

may want.

(2) If the arbitrator or arbitration board, having received the opinion of the other party, finds this request justified, it shall correct the material error in its decision or clarify the decision within one month from the date of the request. If necessary, this period may be extended by the arbitrator or arbitration board.

(3) The arbitrator or arbitration committee may correct any material errors in the decision on its own within two weeks following the date of the decision.

(4) Each party may request a supplementary arbitration decision to be made on issues that have been raised during the trial but have not been decided on, provided that the other party is informed within one month of the notification of the arbitration decision. If the arbitrator or arbitration board finds the request justified, the supplementary arbitration decision will be made within one month. If necessary, this period may not exceed one month for the arbitrator or arbitration board. can be extended.

(5) Correction, clarification and completion decisions are notified to the parties and form part of the arbitration award.

Notification

ARTICLE 438 – (1) Unless otherwise agreed by the parties, notification shall be made in accordance with the provisions of the Notification Law No. 7201 dated 11/2/1959.

Annulment case 

ARTICLE 439 – (1) Only an action for annulment can be filed against an arbitrator’s decision. An action for annulment is filed in the regional court of justice at the place of arbitration and is heard with priority and urgency.

(2) a) One of the parties to the arbitration agreement is incompetent or the arbitration agreement is invalid,

1. b) In the selection of the arbitrator or arbitration board, the procedure specified in the contract or foreseen in this Section is not followed,
2. c) The decision was not given within the arbitration period,

ç) The arbitrator or arbitration board has decided that it is unlawfully competent or incompetent,

1. d) The arbitrator or arbitration committee has decided on a matter that is not covered by the arbitration agreement or has not decided on the entire claim or has exceeded its authority,
2. e) The arbitration proceedings were not conducted in accordance with the provisions of the contract or, in the absence of such a contract, the provisions of this Section, and this situation affected the substance of the decision,
3. f) The principle of equality of the parties and the right to be heard are not respected,
4. g) The dispute that is the subject of the arbitrator’s or arbitration board’s decision is not arbitrable according to Turkish law,
5. g) The decision is contrary to public order,

If it is determined, the arbitrator’s decisions may be annulled.

(3) In an annulment lawsuit filed on the grounds that the arbitrator or arbitration board has ruled on a matter not covered by the arbitration agreement, if it is possible to separate the matters covered by the arbitration agreement from the matters not covered by the arbitration agreement, only the part of the arbitration award that covers the matters not covered by the arbitration agreement may be annulled.

(4) An action for annulment may be filed within one month. This period begins to run from the date on which the arbitrator’s decision or the decision for clarification, correction or completion is notified to the parties. An action for annulment filed against an arbitrator’s decision does not stop the execution of the decision. However, upon the request of one of the parties, the execution of the decision may be stopped provided that a security is provided for the value of the money or goods awarded.

(5) The request for annulment is decided upon after reviewing the file, unless the regional court of justice dealing with the case decides otherwise.

(6) An appeal may be filed against the decisions made on the annulment case. The appeal review shall be decided first and foremost, limited to the annulment reasons set forth in this article. The appeal shall not stay the execution of the decision.

(7) If the annulment case is accepted, if the acceptance decision is not appealed or if it is accepted due to the existence of the conditions in subparagraphs (b), (c), (ç), (d), (e) and (f) of the second paragraph, the parties may reappoint the arbitrators and the arbitration period unless they have agreed otherwise. The parties may appoint the former arbitrators if they wish.

Referee fee

ARTICLE 440 – (1) Unless otherwise agreed by the parties, the fees of the arbitrators are decided between the arbitrator or arbitration board and the parties, taking into account the amount of the receivable in question, the nature of the dispute and the duration of the arbitration proceedings.

(2) The parties may also determine the fees of the arbitrator or arbitration board by referring to the established rules or institutional arbitration rules.

(3) If the parties and the arbitrator or arbitration board cannot reach an agreement on the determination of the fee, or if there is no provision in the arbitration agreement regarding the determination of the fee, or if the parties have not referred to the established rules or institutional arbitration rules on this matter, the fee of the arbitrator or arbitration board is determined according to the fee schedule prepared each year by the Ministry of Justice after obtaining the opinions of the relevant professional organizations with the status of public institutions.

(4) Unless otherwise agreed by the parties, the fee of the chairman shall be calculated as ten percent more than the arbitrator fee to be paid to each arbitrator.

(5) Unless otherwise agreed, no additional arbitrator fee shall be paid in cases where the arbitrator’s decision is corrected, interpreted or completed.

(6) The expenses of the arbitration proceedings are shown in the decision of the arbitrator or arbitration board.

Litigation expenses

ARTICLE 441- (1) Trial expenses;

1. a) The fees of the referees and the referee secretariat determined by the referees,
2. b) Travel expenses and other expenses incurred by the referees,
3. c) Fees and discovery expenses paid to experts appointed by the arbitrator or arbitration board and to other persons whose assistance is sought,

ç) Travel expenses and other expenses incurred by the witnesses to the extent approved by the arbitrator or arbitration board,

1. d) The attorney’s fee determined by the arbitrator or arbitration board for the attorney of the winning party, if any, in accordance with the minimum attorney’s fee tariff.
2. e) Judicial fees collected for applications to the courts in accordance with this Law,
3. f) Notification expenses related to the arbitration proceedings,

covers.

Advance deposit and payment of expenses

ARTICLE 442 – (1) The arbitrator or arbitration board may request each party to pay an advance payment for the litigation expenses, if necessary. Unless otherwise agreed, this advance payment shall be paid by the parties in equal amounts.

(2) If the advance payment is not paid within the period stipulated in the decision of the arbitrator or arbitration board, the arbitrator or arbitration board may suspend the proceedings. If the advance payment is made within one month from the notification to the parties that the proceedings have been suspended, the proceedings will continue; otherwise, the arbitration proceedings will end.

(3) After making its decision, the arbitrator or arbitration board shall give the parties a document showing the places and amounts of the advance payments made and shall return the remaining advance payment, if any, to the payer.

(4) Unless the parties agree otherwise, the litigation expenses shall be borne by the party that is proven wrong. If both parties are partially proven right in the case, the litigation expenses shall be shared between the parties according to the situation of right.

(5) Trial expenses are also shown in the decision of the arbitrator or arbitration board that ends the trial or determines the settlement between the parties.

Retrial

ARTICLE 443- (1) The provisions of the Third Section of the Eighth Part above regarding the retrial shall also apply to arbitration as appropriate to its nature.

(2) In arbitration, the only grounds for retrial are the first paragraph of Article 375. Subparagraphs (b), (c), (e), (f), (g), (h), (ı) and (i) apply. The case for retrial is heard in court.

(3) If the request for retrial is accepted, the court shall annul the arbitrator’s decision and send the dispute to a new arbitrator or arbitration board for a new decision. In this case, the arbitrator or arbitration board shall be re-elected or re-constituted in accordance with Article 421.

Provisions that will not apply

ARTICLE 444- (1) Unless otherwise provided, other provisions of this Law shall not apply to the matters regulated in this Section.

PART TWELVE

Final Provisions

Electronic transactions

ARTICLE 445- (1) The National Judiciary Network Information System (UYAP) is an information system established for the purpose of conducting justice services in an electronic environment. In cases where lawsuits and other judicial proceedings are conducted in an electronic environment, data is recorded and stored using UYAP.

(2) In electronic environment, lawsuits can be filed, fees and advance payments can be made, and case files can be reviewed using a secure electronic signature. Minutes and documents that are intended to be prepared physically within the scope of this Law can be prepared and sent electronically with a secure electronic signature. Minutes and documents created with a secure electronic signature are not sent physically, and a copy of the document is not required.

(3) In cases where a physical copy must be taken from an electronic environment, the report or document must be signed and sealed by the judge or the clerk appointed by the judge, stating that it is the same as the original.

(4) For transactions made electronically, the period ends at the end of the day.

(5) The procedures and principles regarding the use of UYAP in court cases, non-contentious litigation, temporary legal protection and all other transactions are regulated by the regulation.

Disciplinary fine

ARTICLE 446- (1) The purpose of disciplinary fines within the meaning of this Law is a fine imposed in order to ensure the orderly functioning of the trial and to protect public order, which is final at the time of imposition and must be executed immediately. This fine cannot be converted into alternative sanctions and is not recorded in the criminal record.

(2) Disciplinary fine, numbered 6183 dated 21/7/1953 It is collected in accordance with the provisions of the Law on the Procedure of Collection of Public Receivables.

Provisions regarding the trial procedure in other laws

ARTICLE 447- (1) In cases where other laws refer to the oral or summary trial procedure, the provisions of this Law regarding the simple trial procedure shall apply.

(2) References made in the legislation to the repealed Code of Civil Procedure No. 1086 dated 18/6/1927 shall be deemed to be made to the articles of the Code of Civil Procedure corresponding to these provisions.

Implementation in terms of time

ARTICLE 448- (1) The provisions of this Law shall be implemented immediately, provided that they do not affect completed transactions.

Regulations

ARTICLE 449- (1) Regulations regarding the implementation of this Law shall be issued by the Ministry of Justice within six months from the date of entry into force of the Law. Until new regulations are issued, the provisions of the existing regulations that do not conflict with this Law shall continue to be applied.

Repealed provisions

ARTICLE 450- (1) The Code of Civil Procedure No. 1086 dated 18/6/1927, together with its additions and amendments, has been completely repealed.

Increasing monetary limits

ADDITIONAL ARTICLE 1- (Added: 24/11/2016-6763/44 art.)

(1) The monetary limits in articles 200, 201, 341, 362 and 369 shall be applied as of the beginning of each calendar year by increasing the monetary limits applied in the previous year by the revaluation rate determined and announced each year by the Ministry of Finance in accordance with the provisions of article 298 of the Tax Procedure Law No. 213 dated 4/1/1961. The parts of the limits determined in this way that do not exceed one thousand Turkish Lira shall not be taken into account. 

(2) (Amended: 4/6/2025-7550/20 art.) In the application of the monetary limits in Articles 200 and 201, the amount on the date the legal transaction was carried out, and in the application of the monetary limits in Articles 341, 362 and 369, the amount on the date the lawsuit was filed shall be taken as basis.

(3) (Added:7/11/2024-7531/22 art.) (Repealed: 4/6/2025-7550/20 art.)

TEMPORARY ARTICLE 1 – (1) The provisions of this Law regarding litigation and jurisdiction shall not apply to cases filed before the entry into force of the Law.

(2) The provisions of this Law regarding the monetary limits on proof by document, appeal and cassation and the holding of hearings in appeal shall not apply to cases and proceedings filed before the entry into force of the Law.

TEMPORARY ARTICLE 2 – (1) Promissory notes duly issued during the period when Law No. 1086 is in force shall retain their validity after the date of entry into force of this Law.

TEMPORARY ARTICLE 3 – (Added: 31/3/2011-6217/30 art.)

(1) Until the commencement date of the regional courts of justice, which will be announced in the Official Gazette in accordance with the temporary article 2 of the Law No. 5235 dated 26/9/2004 on the Establishment, Duties and Powers of the First Instance Courts of Judiciary and Regional Courts of Justice, the current provisions of Law No. 1086 regarding appeals shall continue to be applied.

(2) The provisions of Articles 427 to 444 of Law No. 1086, prior to the amendment made by Law No. 5236 dated 26/9/2004, shall continue to be applied to decisions made before the commencement date of the regional courts of justice until they become final. (Additional sentence: 1/7/2016-6723/34 art.) Files regarding these decisions cannot be sent to the regional courts of justice.

(3) In cases where duties are assigned to regional courts of justice in this Law, the provisions of Law No. 1086 that are not contrary to this Law shall be applied until the date on which these courts commence their duties.

TEMPORARY ARTICLE 4- (Added: 24/11/2016-6763/45 art.)

(1) The decisions of resistance given by the courts on the reversal decisions given by the civil chambers of the Court of Cassation regarding the decisions given before the commencement date of the regional courts of justice are sent to the chamber whose decision is resisted.

(2) The files in the General Assembly of the Court of Cassation Civil Law as of the date of entry into force of the Law establishing this article shall be sent to the chamber whose decision is resisted.

(3) The files that are in the General Assembly of the Court of Cassation Civil Chambers as of the date of entry into force of the Law establishing this article and that are examined by the relevant chamber in accordance with the temporary article 2 of the Labor Courts Law No. 5521 dated 30/1/1950, shall not be sent back to the chamber whose decision is resisted.

(4) The Chamber examines the decision to resist as soon as possible and, if deemed appropriate, corrects its decision; if not, it sends the file to the Civil Chamber of the Supreme Court of Appeals.

Force

ARTICLE 451- (1) This Law shall enter into force on 1/10/2011.

Executive

ARTICLE 452- (1) The Council of Ministers shall execute the provisions of this Law.

PROVISIONS THAT CANNOT BE IMPLEMENTED IN THE LAW NO. 6100 DATED 12/1/2011

1 – Articles 1 and 2 of Law No. 6460 dated 17/4/2013:

ARTICLE 1 – The following paragraph has been added after the fifth paragraph of Article 373 of the Code of Civil Procedure No. 6100, dated 12/1/2011, the fifth paragraph of Article 439 of the Code of Civil Procedure No. 1086, dated 18/6/1927, and the third paragraph of Article 429 of the Law No. 1086, before it was amended by Article 16 of the Law on Amendments to the Code of Civil Procedure No. 5236, dated 26/9/2004, and the other paragraphs have been renumbered accordingly.

The appeal review of the decision given by the lower court, where the decision, which includes the rejection or acceptance of the case on the merits, is reversed again in a way that eliminates the previous reversal, is in any case carried out by the Civil Chamber of the Supreme Court of Appeals.

ARTICLE 2 – The following temporary article has been added to Law No. 1086.

TEMPORARY ARTICLE 4 – The fourth paragraph added to Article 429 of the Code of Civil Procedure No. 1086 before it was amended by Article 16 of the Law on Amendments to the Code of Civil Procedure No. 5236 by the Law establishing this article shall also be applied to cases pending on the date of entry into force, including the legal remedy stage.

2 – Temporary Article 1 of Law No. 7035 dated 20/7/2017:

TEMPORARY ARTICLE 1 – (1) The amendments made by this Law in Article 291 of Law No. 5271 and Article 361 of Law No. 6100 regarding the appeal periods shall be applied to the decisions given on and after the date of entry into force of this Law.

(2) Until the Board of Judges and Prosecutors makes a division of labor between the regional courts of justice and the regional administrative court, the division of labor made by the boards of presidents of the regional courts of justice and the regional administrative court shall continue to be implemented.

LEGISLATION ADDING AND AMENDING LAW NO. 6100 OR

ENTERING INTO FORCE OF CONSTITUTIONAL COURT DECISIONS

TABLE SHOWING THE DATES