Short decision in Civil Producure

The utmost task of the judicial authority is to make the justest judgment in the specific case by taking the quickest, most accurate and the most economic way for citizens in the resolution of the legal diputes coming before the courts. As a consequence of the just decisions given by the courts, the sense of satisfaction pertaining to the conscience of the people and the public will be met, thereby taking the confidence of all the individuals in justice to the uppermost point.After completing its inquiry with respect to the file concerning the dispute coming before it and having attained the position to resolve the dispute in question, the court terminates the trial and reveals its final decision relating to the case. As required by the provision number 141 of the Constitution, courts should issue full decision in all sort of their decrees. It is in this respect that courts? issuing a decree without full decision is against to the Constitution and to the mandatory provisions of the Code of Civil Procedure as well.Full decision contains the reasons constituting the basis to the conclusion that the court arrives (the judgement). In addition to the reasons that impel the judge to come to that conclusion, summary of the allegations and defendings that the parties express in their written and verbal statements, the evidence gathered with respect to the contentious issues, the information as to those evidence which were given the upper hand and which were rejected as a result of the reception of these evidence, the information as to the facts which were considered proven and the conclusion deducted from all these elements should be present at the full decision.The reasons such as the intensive workload of the courts in our country and shortage of technique and personnel slows down the justice system, and this in return leads to the pronouncement of the judgments stated at the end of the trials without full decision. Therefore, through a formulation which is parallel to the situation that exist in practice the lawmaker has considered it sufficient to pronounce only the article pertaining to the judgment at the end of the trial and has adopted the principle of enrollment of full decision and notification of it to the parties within fifteen days of the pronouncament of the judgment.At the end of the trial the court reads the outcome of judgment, recording it. The outcome of judgment, in which the rights granted to and obligations imposed on the parties are stated, is called short decision in practice. After stating its short decision what court needs to do is to prepare a full decision in accordance with its short decision.The contradiction between the full decision and short decision is a ground for reversal if the concerning full decision is conveyed to the Supreme Court of Appeals on appeal. In case of a reversal the local court has to make a judgment in accordance with the conviction pertaining to its conscience with the condition of removing the contradiction irrespective of the previous judgement.