The Preliminary Investigation Stage is one of the most important innovations introduced by 6100 Civil Procedure Law. Preliminary Investigation Stage is held after the phase of 6100 Law petitions and/but before investigation phase. With this stage the important responsibilities are required from both judge and parties of the litigation of the case. First of all, [...]
It is contented with presuptive evidence at the rendering of the decision of provisional measure. The counter party is not listened during the decision of provisional measure. Therefore, it is possible that the party demanding the provisional measures may be proved right in the claim for damages at the end of the claim. In the [...]
Rules of documentary proof brought under the Code of Civil Procedure No. 1086 are also existent in the new Code No. 6100. However some amendments are made regarding the exceptions of said rules. The most important one of these amendments is concerning commencement of proof. In order to be applied as commencement of proof, the [...]
Jurisdictional issues Choice of Jurisdiction Under Turkish Law Where it is unclear whether the matter is administrative or commercial in nature, a special court, the Court of Conflicts (outside of the two court sections mentioned), determines jurisdiction. Where issues relating to constitutional law issues, the Constitutional Court has jurisdiction, as the highest court of the [...]
General Information About Turkish Court System The court system in Turkey is composed of two distinct sections: The Judicial Courts in Turkey; The Administrative Courts in Turkey. The Judicial Courts are divided into two sections: The Civil Courts in Turkey; The Criminal Courts In Turkey. Other special purpose courts, such as the Constitutional Court and [...]
