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Principal intervention in Civil Procedure Law

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2018
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Abstract (EN)

The intervention of the third party outside the trial is possible through some institutions in the Law of Civil Procedure. The principal institution of intervention, as one of them, is involved in the law of jurisdiction. Law Number 6100, which entered into force in 2011, and the Actual Intervention Authority were organized for the first time under a law on their own (HMK Article 65). The fact that the institution is regulated by a provision of law on its own shows the importance of the lawmaker to the fundamental intervention. The original intervention case, which constitutes the basis of the original intervention agency, is a separate act brought against the parties to the judicial proceedings by the third party. Although the original intervention case is opened as a separate case from the trial in question, the right or thing constituting the subject of the original intervention case and the trial being judged is the same as the case of the ongoing trial. In other words, the third person, in the course of filing a lawsuit, has a right to a right or thing on the subject of the judgment in question. Here, the third person, through the institution of fundamental interference, is able to claim a right on the right or thing of a judgment which is not a party.

Author

İsmet Mazlum

How to Cite

İsmet Mazlum (Doctorate thesis). Principal intervention in Civil Procedure Law, 2018, Çankaya University.

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