New developments in Anglo-American and Civil Law civil procedures and their comparison with Turkish Law

It is true that the two major law systems, Civil Law and Anglo-American are experiencing problems with the functioning of their civil procedure systems. However, important changes and reforms have been performed thereto and some are still on the agenda for eliminating the existing problems and providing the good functioning of the civil procedure system. Many important developments in the civil procedure laws of the two systems have taken place so far. Today many grounds are still being put forward relevant to the distinction between the civil procedure systems of two major law systems, the Civil Law and the Anglo-American Law. However, from the structure of proceedings point of view, this distinction loses its value. The reason for this is, the problems and the reforms that have been actualized for eliminating those problems decreased the differences that are used for classifying the structural models and brought forward harmonized and similar practices on the structure of proceedings. Of solving civil procedure problems, enabling access to justice and achieving fair trial, the two major law systems that seemed quite different from each other until now have started to exchange information and experiences mutually and even to adopt different concepts and institutions that constitute in fact, the basic distinctions of their law systems. A global movement and concensus have been achieved today for the harmonization and approximation of the laws and eliminating the basic differences among the laws of the said major law systems. Within the last 30 years in the European Union and within the last 10 years around the world, remarkable developments have occured in relation to the harmonization and approximation of the different civil procedure systems. On the other hand, reforms that have been realized in the Anglo-American civil procedure system recently are almost in harmonization with the ones realized in the Civil Law system. That is, a similar harmonization and approximation have taken place as for the procedures and institutions of the civil justice.