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Conciliation power of attorneys

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2011
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Advisor: Doç. Dr. Mustafa Serdar Özbek

Abstract (EN)

The Article 35/A of The Code of Attorneyship, regulates one of the alternative dispute resolutions in Turkish law. The authorization of conciliation that is given to lawyers, intends to decrease the caseload of the courts and gains new non-judicial roles to lawyers. According to the article 35/A of Code of Attorneyship, in actions and cases that have been entrusted to them, attorneys, together with their clients, may invite the other party to conciliation before a suit has been filed or before hearings have commenced for an already filed suits, provided that such conciliation pertains exclusively to matters that the parties may elicit of their own will. If the other party takes up the invitation and conciliation is reached, the subject of the concilition, its place and date and the actions that each party will carry out are laid out in a momerandum and signed jointly by the attorneys and clients. Such memoranda in the nature of court decision in the sence of article 38 of the Enforcement and Bankruptcy Law.

Author

Şamil Demir

How to Cite

Şamil Demir (Master Thesis). Conciliation power of attorneys, 2011, Başkent University.

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