Subject- matter jurisdiction in civil procedure law
2021
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Advisor: Prof. Dr. Mine Akkan
Abstract (EN)
Subject-matter jurisdiction in civil procedure law is a right and at the same time obligation for a civil court to hear a dispute. Subject-matter jurisdiction is sub-concept of jurisdiction and closely connected with court organization. It is an intersection point of civil procedure law and constitution law with regard to lawful judge. Certain features of subject-matter jurisdiction rules are mandatory, condition of trial, being related with public order. Subject-matter jurisdiction of a court is determined essentially according to legal character dispute object, litigious value or parties to the dispute or both. Review of violation of subject-matter jurisdiction rules in phase of legal remedy is taken form in accordance with legislator's policy of law. Besides subject-matter jurisdiction, judicial review, territorial jurisdiction, functional jurisdiction and assignment of business are sub-concept of jurisdiction. In the first chapter of this monography, concept of jurisdiction will be explained and it will be tried to relate between subject-matter jurisdiction rules and court organization. Subject-matter jurisdiction will be compared with judicial review, territorial jurisdiction, functional jurisdiction and assignment of business with regard to definition of these concepts. In the second chapter of the monography, subject-matter jurisdiction rules will be related with principle of lawful judge. Feature of subject-matter jurisdiction rules such as mandatory, condition of trial and being related with public order will be scrutinized. It will be informed about application of subject-matter jurisdiction rules with regard to ratione temporis. In the third chapter of the monography, criteria of determining subject-matter jurisdiction of a court will be researched. In the fourth chapter of the monography, results of violation of subject-matter jurisdiction rules will be considered and it will be suggested about results of violation of subject-matter jurisdiction rules. In each chapters of the monography, it will be informed about comparative law and drawn a conclusion regarding de lege feranda in Turkish law. Keywords: Jurisdiction, Condition of Case, Public Order, Mandatory, Subject-Matter.
Author
Dr. Ali Çetin Aslan
Institution
How to Cite
Ali Çetin Aslan (Doctorate thesis). Subject- matter jurisdiction in civil procedure law, 2021, Dokuz Eylül University.
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