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The attorney's power to ensure conciliate in the scope of Article 35/a of the Attorneyship Law No:1136

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2022
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Advisor: Dr. Öğr. Üyesi Tuğçe Arslanpınar Tat

Abstract (EN)

The subject of the study is the "Authority of the Lawyer to Provide Conciliation", which is regulated within the scope of Article 35/A of the Attorneyship Law. Conciliation can be defined as a type of alternative dispute resolution method that aims to achieve a common result through effective communication of the parties and joint effort. Conciliation in general terms can be realized with a negotiaton approach, without any limitations, both at the application and process stages. However, conciliation within the scope of Article 35/A of the Attorneyship Law is a power granted only to lawyers. In order for this authority to be exercised by lawyers, the existence of certain conditions stipulated in the law is sought. In this direction, the study consists of three parts. In the first part of the first section, state jurisdiction and alternative dispute resolution methods and their types are examined in detail. In the second part, explanations about conciliation and peace in general are given. In the first part of the second section of the study, the legal regulations regarding the attorney's authority to reach conciliation, the conditions stipulated by the law regarding conciliation in the second part, and the use of the authority to conciliate and the obligations of the lawyer and its effect on the judicial activity are discussed in the third part. In the first part of the third section explanations regarding the termination of the conciliation activity and, accordingly, the legal nature of the conciliaton protocol, and the invalidity of the conciliation protocol are given in the second part.

Author

Latife Başak Harp

How to Cite

Latife Başak Harp (Master Thesis). The attorney's power to ensure conciliate in the scope of Article 35/a of the Attorneyship Law No:1136, 2022, Çağ University.

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