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The cases of the non-existence of litigations

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2005
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Abstract (EN)

As a natural result of increase of types and number of discrepancies in the society due to population growth, the load of work on the courts have enlarged. Because of increase in the number of lawsuit and prolonging of process of these trials have urged the Lawmakers to take extra measures. Therefore, the cases of the non-existence of litigations are organized by the law and gradually made easy. The lawmaker wanted both the plaintiff and defendant to take more place in the process of the lawsuit by giving them more responsibilities. The cases of the non-existence of litigations are not only arranged by the Civil Code but also by some special laws. These cases have a limited number. The court may not decide that the litigation did not take place for the cases which are not clearly stated in the law. In our study, we investigated the cases of the non-existence of litigation. Both the similarities and differences were examined. Then the conclusion is indicated. In the text of the study, the discussions made on the doctrine related to the issue and the sentences of the Supreme Court of Appeals were also mentioned. Our study consists of three parts. In the first part, general information about the lawsuit and the sides of the lawsuit was given. In the second part, the cases of the non-existence of litigation were investigated. In the last part, we tried to elucidate the consequences of the verdict of non-existence of litigation.

Author

Hasan Dursun

How to Cite

Hasan Dursun (Master Thesis). The cases of the non-existence of litigations, 2005, Gazi University.

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