Legal remedies against temporary legal protection measures

This study deals with the ways of application against the decisions given regarding the temporary legal protection measures in legal cases heard in state courts in three chapters limited to strict and technical legal remedies (appeal and cassation). In the first chapter, the concept of temporary legal protection, common features and types of temporary legal protection measures were explained firstly. Then, it was concluded that these decisions were temporary and final decisions in terms of evaluations regarding the legal characteristic of decisions given about temporary legal protection measures. In the second chapter, the concept of legal remedy was explained within the framework of its legal basis and the strict and technical meaning it has gained over time firstly. Then, the legal remedy audit of the decisions given regarding the temporary legal protection measures by the courts of first instance was separately discussed in terms of the ones that are provided for and not provided for legal remedy and the ones that are not including any regulations. Lastly, explanations were made regarding the court to which the requests for temporary legal protection measures will be directed and the legal remedy audit of the decisions given in this context in the cases where the regional courts of justice and the Court of Cassation act as courts of first instance. In the third chapter, it was firstly determined to which judicial body the requests regarding the need for temporary legal protection arising during the legal remedy phase will be directed. Then, the extent of audit and the court performing the legal remedy audit for the decisions given in this sense were addressed, and it was concluded that appeal should be examined by Court of Cassation.