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Actions for damages that arise from the violation of physical integrity in civil procedure law

2021
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Advisor: Prof. Dr. Mine Akkan

Abstract (EN)

Procedural problems related to the nature of the damage and the consequences of violation of physical integrity in different areas, such as criminal law, insurance law, labor law, and in some cases administrative law are examined in this study, which deals with compensation cases arising from the violation of body integrity, in terms of civil procedural law. Proof difficulties in actions for damages and procedural law tools to be used to overcome these difficulties are handled in the context of actions for damages that arise from the violation of physical integrity. In this study, competence conflicts between the administrative jurisdiction and civil jurisdiction, competent court, joinder of parties, intervention, a notice of proceeding issues in actions for damages that arise from the violation of physical integrity, and the types of cases suitable for these actions are discussed by comparing the Code of Civil Procedure and other foreign procedure laws. In the last part, the specific situations regarding court decisions such as the amendment lawsuit which allows the given verdict to be changed later, and the temporary legal protections that can be requested in these cases are examined.

Author

Dr. Büşra Kazmaz Tepe

How to Cite

Büşra Kazmaz Tepe (Doctorate thesis). Actions for damages that arise from the violation of physical integrity in civil procedure law, 2021, Dokuz Eylül University.

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