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The principle of ex officio investigation in Civil Procedure Law

2021
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Advisor: Prof. Dr. Seda Özmumcu

Abstract (EN)

As a rule, the principle of party presentation is adopted in Civil Procedure Law (CCP art. 25). According to principle of party presentation, the parties present the facts and evidence to the court and the court cannot take into account the facts and evidence which have not been submitted by either party. The opposite of the principle of party presentation is the principle of ex officio investigation. Within the scope of the principle of ex officio investigation the courts cannot rely on the facts and evidence presented by the parties, the courts investigate these ex officio. The subject which contains three main chapter of this study constitutes the principle of ex officio investigation. In the first chapter, general information about the principle of ex officio investigation is explained. In this chapter, first of all, the meaning, scope and function of the principle of ex officio investigation are examined. In the second part of the study, the principle of ex officio investigation is examined in terms of the firt instance proceedings. In the last part, legal remedies in the trials in which the principle of ex officio investigation is applied are discussed. Keywords: Civil Procedure Law, The Principle of Ex Officio Investigation, The Principle of Party Presentation, Facts, Evidences

Author

Dr. Fatih Tahiroğlu

How to Cite

Fatih Tahiroğlu (Doctorate thesis). The principle of ex officio investigation in Civil Procedure Law, 2021, İstanbul University.

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