Master'sOpen Access

Prohibition, refusal and liability of expert in civil procedure law

2021
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Advisor: Dr. Öğr. Üyesi Fatih Aydemir

Abstract (EN)

The task of resolving legal disputes we face is given to the judicial authorities. Judges fulfill this duty. However, judges are not expected to have knowledge in fields other than the law, and in cases where the solution requires special and technical knowledge, an expert is needed because they cannot decide on the basis of this information even if they have knowledge.. An expert is the person who provides the expertise, technical and private information that is lacking in the judge in a judicial process, other than legal knowledge, and who draws conclusions from an existing fact based on the principles of experience or who determines the incidents that are in conflict with his own private knowledge and equipment. The experts, on the other hand, are selected from among the persons included in the lists to be prepared annually by the judicial justice commissions of the regional courts of appeal, in which the courts are within the jurisdiction. The impartiality and independence of the expert is the basic ethical principle. One of the regulations that guarantees this principle is that the provisions regarding the prohibition and rejection of the judge are applied to the experts to the extent that their nature is appropriate. Experts have both disciplinary and legal and criminal responsibilities due to the prohibition and rejection of the expert and their behavior contrary to the provisions of the Civil Procedure Law.

Author

Dr. Vedat Çalışkan

How to Cite

Vedat Çalışkan (Master Thesis). Prohibition, refusal and liability of expert in civil procedure law, 2021, Erzincan Binali Yıldırım University.

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