Yüksek LisansAçık Erişim

Partial decisions and partial finalization in Civil Procedure of Law

2020
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Danışman: Dr. Öğr. Üyesi İbrahim Gül

Özet (EN)

The dispute between parties results after the judgment of the court. When the matter of dispute is more than one or consists of claims related to each other and divisible, to reach maturity to give a ruling is only possible if the circumstances which we discoursed in this study are available and then it will be possible to give partial judgment on only claims which are the one already reached maturity to be given judgment on. Although there is no explicit provision on giving partial judgment in our civil procedure legislation, there are some practices which are not under the name of partial judgment though have similar characteristics such as interim payment in the legislation and their existence is remarkable. Even though there are no explicit provisions, the matter on specific type of cases whether the partial judgment is be made or not is discoursed under the titles of this study. Generally partial or not the court decisions become final in two ways as factually and formally. To practice partial finalization of the decision is possible in these cases as follows; the dispute consists of more than one and separate claims, the case in build up way, voluntary joinder of parties available or the matter of dispute consists of only one claim which is divisible. This is to say in these scenarios which enable to practice partial judgment to give, the partial finalization of decision will be possible as well.

Yazar

Dr. Gonca Duygu Çakmak

Bu Yayına Nasıl Atıf Yapılır

Gonca Duygu Çakmak (Master Thesis). Partial decisions and partial finalization in Civil Procedure of Law, 2020, Hasan Kalyoncu University.

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