Decisions that may be rendered as a result of appellate revview in Turkish civil procedure law

With the entry into force of the legal remedy of appeal on 20/07/2016, the courts of first instance, which have the authority to examine the merits of the dispute in Turkish law, have become two and the civil proceedings have become three-stage. A narrow appeal system has been adopted in our law. As a result, the limits of the first instance proceedings determine the limits of the appeal proceedings. Not every decision of the courts of first instance can be appealed. Certain conditions are stipulated for the decisions that can be appealed. As a rule, the remedy of appeal is open for non-final decisions of the courts of first instance. As a result of the appeal review, the courts of appeal have the opportunity to make various decisions due to its nature as a court of first instance. At the end of the appeal review, the decision that is found to be contrary to the law will be canceled and a more accurate new judgment will be made. The subject of the appeal cannot go beyond the scope of the petition of appeal, with the exception of violations of public order. The Court of Appeal is bound by the stated grounds of appeal, and facts that were not raised in the first instance proceedings cannot be subject to appeal. The examination at the appeal stage has two stages: preliminary examination and merits examination. At the preliminary examination stage, the merits of the dispute are not examined. The decisions of the Court of Appeal are not listed one by one in the Code of Civil Procedure. In the appeal procedure, the rule is to conduct the trial with a hearing. However, in the presence of the circumstances specified in the Law, the Court of Appeal may also decide without a hearing. The decisions that the Court of Appeal may render without a hearing and with the legal remedy of appeal closed are listed in Article 353/1-a of the Code of Civil Procedure.