Master'sOpen Access

The situations where Regional Civil Courts May Render Judgements without Conducting Hearings According to The Code of Civil Precedure Nr. 6100

2019
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Advisor: Dr. Öğr. Üyesi Cengiz Serhat Konuralp

Abstract (EN)

In this thesis the situations, where regional civil courts may render judgements without conducting hearings are examined in depth following a systematic based mainly on the systematic of the Code of Civil Procedure, nr.6100. According to the Code, Regional Civil Courts, which have recently become operational in 2016, carry on appeal proceedings by conducting hearings as a rule. This rule depends on the fact that these courts are placed in between first instance courts and the Supreme Court and as a matter of fact they conduct fact based and law based examinations. Proceeding without a hearing being an exception, as a consequence creates occasions of differentiating interpretations of the related provisions and conflicting court decisions, which necessitates an in depth research. Hence the thesis mainly focused on all the situations one by one, mentioning doctrinal approaches and related jurisprudence. The concept, the object and the procedure of an appeal to the Regional Civil Court is being explained in the first chapter of this thesis. The preliminary examination by the court constitutes the scope of the second chapter, depending on the fact that it is the first stage, where a judgement may be rendered without a hearing. Lastly, art.353 of the Code of Civil Procedure, which comprise of a long list of other situations, where Regional Civil Courts decide to continue with the appeal but without a hearing will be dealt with as the final chapter of this thesis.

Author

Dr. Ömer Mirac Ay

How to Cite

Ömer Mirac Ay (Master Thesis). The situations where Regional Civil Courts May Render Judgements without Conducting Hearings According to The Code of Civil Precedure Nr. 6100, 2019, İstanbul University.

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