Judicial expertise in Civil Procedure Law

In this study, we aimed to investigate the judicial expertise through its position within the civil procedure law. The study is composed of three chapters. In the first chapter, first of all, after trying to draw a conceptual framework for the judicial expertise, we analysed the subject of the judicial expertise within the context of the distinction of the fact and law. In the second chapter, we dealed with the procedure of application of the judicial expertise. In this context, we argued out the issue within the extent of the conditions and the evaluation of this application, the legal decision about the judicial expertise and its content, and lastly selecting and appointing the judicial expert. Finally, in the third chapter, first we tried to evaluate the exercise of the judicial expertise through the roles and functions of the judge, expert, and the parties. Than, we explained the place of the judicial expertise within the judicial decision. In other words, we explained the presentation of the view of the expert and the procedure of evaluation of this view by the judge.