Introduction to Law Dersi 7. Ünite Sorularla Öğrenelim

What is a civil dispute?

If a legally recognized right of a member of the society is harmed or not fulfilled by another member of the society, this constitutes a disagreement. If the said disagreement is expressed in any way, a dispute is born.

 What is civil procedural law?

Civil procedural law is the legal discipline that organizes the relationship between the subjects of any civil litigation and determines the rules to be carried out by civil courts in resolution of disputes.

What is the essential source of the civil procedure in Turkey?

The essential source of the civil procedure in Turkey is the Hukuk Muhakemeleri Kanunu (Code of Civil Procedure –CoCP-).

How many specialized courts are there in civil judiciary?

There are seven specialized courts in civil judiciary:

1. Cadastral courts

2. Labor courts

3. Compulsory enforcement courts

4. Consumer courts

5. Civil Courts of Intellectual and industrial property rights

6. Family courts

7. Commercial courts

In order to become a practicing lawyer, one must graduate from a law faculty, complete the required one-year apprenticeship and register in a bar association.

Weekends and official holidays are included in time requirements. However, if the last day of the time requirement corresponds to an official holiday (or the weekend), time expires at the end of first workday following the holiday.

In civil procedure, what are aspects to be examined regarding the parties?

Capacity to be a Party (Taraf Ehliyeti)

What are the types of actions according to the legal remedy sought?

(1) Actions for performance (eda davaları)

(2) Declaratory actions (tespit davaları)

(3) Constructive actions (inşai davalar)

What are the stages of the action in civil procedure?

The stages of the action in civil procedure are:

(1) Pleadings
(2) Preliminary examination

(3) Trial
(4) Oral arguments
(5) The judgment

What must the court do in preliminary examination?

The court, in preliminary examination, must:

(1)Examine procedural requirements and preliminary objections

(2)  Determine the boundaries of the dispute

(3)  Carry out preparatory proceedings and proceedings necessary for the parties to present evidence and for the discovery of evidence

(4)  Encourage the parties for settlement or mediation in actions on which they may freely act.

What is a must in order to generate legal consequences?

In order to generate legal consequences, admission must be made before a court;

Court decisions are usually categorized as interlocutory decisions (ara karar) and final decisions (nihai karar).

Hoe are judicial costs comprised ?

Judicial costs are comprised of two categories: court fees (yargılama harçları) and judicial expenditures.

What is "provisional legal relief"?

Provisional legal relief is any kind of temporary relief, which may be granted by the court before or during the litigation or the proceedings, regarding the subject matter of the dispute.

What are the two most important appellate remedies in Turkish civil litigation?

The two most important appellate remedies in Turkish civil litigation are istinaf and temyiz.

What is "arbitration"?

Arbitration is a dispute resolution method in which the parties choose the arbitrator (or the arbitrators) and the procedure to be followed.

What are the alternative dispute resolution methods?

Alternative dispute resolution methods are means for the parties of the dispute to resolve the dispute among them rather than resorting to litigation mostly involving a neutral and independent third party.

What are main two features of mediation according to the Statute?

Main two features of mediation according to the Statute are the principles of voluntariness and equality.

What are "Compulsory Enforcement", "Individual Enforcement" and "Collective Enforcement"?

Compulsory enforcement law in general comprises of two major parts. While first part of the discipline deals with individual debt recovery and is called individual enforcement, the latter deals with the creditors and assets of a debtor as a whole and is appropriately called collective enforcement.

Attachment is the legal seizure of the assets and rights belonging to the debtor to be liquidated in a compulsory enforcement procedure, whose proceeds are then paid to the creditor.