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Paying paid or incomplete payment of trial fees in civil trial law the effect of non-payment or incomplete payment on the trial

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2023
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Abstract (EN)

Subject to the law on fees No. 492 of the code of civil procedure, in case you are in need 6100) when sued in the law of Civil Procedure, trial, however it was decreed that fees should be paid is not presented, or missing depositing of processes that need to be made clear by the court in the case of a rule is not connected. In the provisions of articles 27, 32 and 127 of the Fees Law, it is arranged that no subsequent transactions will be made unless the fees are paid, and in the provision of article 30, if the relative decision and decision fees are missing, the file will be removed from the transaction due to the reference to article 150 of the Civil procedure law. Based on these provisions, it is suggested that in case of a lack of fees, the fee payer will be given a period of time to correct the deficiency, and if the deficiency is not corrected within the given time, the file will be removed from processing. In the doctrine of the steps to be taken in this direction has to be of the opinion that, as well as the practice of the Supreme Court in this direction. The law, however, the mortar is tied to the steps to be taken in case of lack of a clear rule, because, if given time, how much time will be given and a given period of what will be the nature of the issues arise. Subject to the law of administrative proceedings in the case will be given to the concerned person in case of lack of mortar while No. 2577, has been linked with Article 6 of the code of administrative proceedings to the rule clearly. They will be given to those interested in the law on administrative procedures to be decided at the end of a period of time has been identified. Therefore, any ambiguity in the law of administrative proceedings is out of the question. Therefore, the provision of Article 6 of the code of administrative proceedings ruled by the law of Civil Procedure, should be taken under a regulation. The steps to be taken in the event of a deficiency in civil trial law rule clear of mortar to connect with transactions that need to be made in the case of a deficiency of mortar that will lead to the debate on the legal basis of this problem and will end. In this study, the mortar in the law of Civil Procedure, the court in the case of the lack of legal arrangements for transactions that need to be made by the statutory regulations discussed and comparison is made with a mortar deficiency in administrative law. Thus, in the law on the regulation of the Civil Procedure Law, the Administrative Procedure Law on the operation to be performed precedent to and in terms of the fees that the assessment needs to be reviewed. In this study, the space in the code of civil procedure, administrative proceedings, including the opinion that the provision of Article 6 of the law and precedent should be addressed to the assessment have been given.

Author

Ümmü Gülsüm Çelik

Institution

How to Cite

Ümmü Gülsüm Çelik (Master Thesis). Paying paid or incomplete payment of trial fees in civil trial law the effect of non-payment or incomplete payment on the trial, 2023, Dicle University.

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