Yüksek LisansAçık Erişim

Acting in the capacity of civil procedure law to the case

2010
0 görüntülenme
0 i̇ndirme
Danışman: Doç. Dr. Refik Korkusuz

Özet (EN)

Case representation; person who are both sides of the case, are represented by theattorneys they assigned.The matters about the case?s being followed by attorneys are regulated betweenarticles 59-71 of Law Procedure of judgment and in the article 35 of attorney ship law.On principle, it?s not compulsory in Turkish laws to attend a case with an attorney.However , if one side of the case prefers to attend the case with attorney, he or she canonly choose some certain persons. Because, representing someone in a case andperforming this person?s enforcement actions require expertise. Performing such tasksentails a good education and experience. Furthmore, the task performed by attorneys areassumed to be performed by client himself and the outcomes cannot be changed. Taht?swhy, only some certain persons can represent a client in cases. Accordingly, lawyers, lawpartnership, attorney, in some cases trainee solicitor can follow a trial as a proxy.According to some special provisions of law, some other people are authorized to followa trial as a proxy.Being qualified enough to represent a client is one of the conditions of the case.That?s why judge have to control it personally. İf a judge become aware of the absence ofqualification with thw Proxy, he have to reject the case because of the lawsuit conditions.If one who has no qualification to be attorney in a trial sues as a Proxy,even if he has thepower of attorney, the court has to reject the case due to an absence of case condition. Ifthe case has beeen conducted bey a Proxy who has no qualification to be an attorney andadjudged, this judment is contrary to the procedures. This procedural violation is an exactreason to cancel a case. Additionally, there are some penal sanctions in attorney ship lawfor those who perform such violations.İf someone wants a Proxy qualified enough to be an attorney to represent him intrial, initially he must give this person power of ottorney. Attorney!s acts changesaccording to type of power of attorney given. To be able to do private operations of theclient, attorney must be given special authority. This permission is written in power ofIVattorney. However, attorney can do any operations with this general power of attorneyeven if he dont have special authority.Attorney ship fort he case end under some certain conditions. Death of attorney,bankruptcy of attorney, attorney?s loss of his qualification, dismissal of attorney;death ofclient, bankruptcy of client, client?s loss of his qualification are some of these conditions.

Yazar

Dr. Hüseyin Yürük

Bu Yayına Nasıl Atıf Yapılır

Hüseyin Yürük (Master Thesis). Acting in the capacity of civil procedure law to the case, 2010, Dicle University.

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