Master'sOpen Access

Electronic juridical communication in terms of Civil Procedure Law

2008
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Advisor: Yrd. Doç. Dr. Mine Akkan

Abstract (EN)

Due to the development in internet and computer technologies the projects started by the governments to benefit from computer technologies in their judicial deeds have been of more importance. Within the context of this study, this electronic evolution that has materialized in the jurisdiction is argued in terms of legally binding electronic communication between courts and parties that partake in argumentation. This concept is called ?Electronic Juridical Communication?. Electronic Juridical Communication is part of the Electronic Justice; Electronic Justice is the part of Electronic Government.It should be said that the electronic signatures have the function of authentication in the electronic documents as the signature having same function in paper based documents. Therefore in the third part of thesis the concept of electronic documents, electronic signatures and electronic certificates are studied.The communication between courts and parties that partake in argumentation being done paper based in classical jurisdiction; with the use of electronic communication, electronic documents are going to take place of the paper documents. As a result of this the electronic documents need to have validity such as the paper based documents. The Electronic Signature Law having regulated that documents with qualified electronic signatures would have the validity of legal instruments; it has brought no innovation regarding electronically prepared documents with/without the written form requirement. Within the National Judgment Network Project (UYAP) by the Ministry of Justice it has been possible to sue in electronic medium. In this thesis the regulations that need to be done in order to be able to sue electronically, are being studied taking the German Law which has regulated to a large degree about this topic in their legislation, as a model.

Author

Dr. Onur Oğlakçıoğlu

How to Cite

Onur Oğlakçıoğlu (Master Thesis). Electronic juridical communication in terms of Civil Procedure Law, 2008, Dokuz Eylül University, Siyaset Bilimi ve Kamu Yönetimi Bölümü.

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