Turkey: Recent Amendments On Monetary Limitations To Appeal Decisions Of Turkish Civil Courts

The law no. 6763 (the "Amendment Law"), which was published on the Official Gazette dated 24 November 2016 and entered into force as of such date, has brought amendments to a wide range of laws in Turkey including some of the criminal laws such as the Law on Criminal Procedure, the Military Criminal Law, the Law on the Execution of Sentences and Security Measures and the Criminal Law itself; as well as the Law on Labor Courts, the Enforcement and Bankruptcy Law and the Civil Procedure Law.

This article only aims to review the Amendment Law with regard to the amendments introduced thereby to the Civil Procedure Law, the Law on Labor Courts and the Enforcement and Bankruptcy Law which are briefly summarized as below:

  1. The Amendment Law has amended some of the monetary limitations to appeal the decisions of the civil courts.

    Civil Procedure Law

    • Unless provided otherwise by a specific law, decisions in connection with the property rights before the Civil Courts of First Instance that have a value less than TRY 3.000,- cannot be appealed to Regional Courts, but decisions regarding non-pecuniary damage can be appealed without considering the value of the lawsuit. It should be stated that if the dispute amount is filed partially, whole dispute amount is taken into consideration for the monetary limitation. However, in partial dismissal of action, the monetary limitation is applied for the dismissed part's value. If the dismissed part is less and whole debt is more than TRY 3.000,-, it is not allowed to be appealed to the Regional Court (Court of Appeal) (Article 41 of the Amendment Law).
    • Unless provided otherwise by a specific law, Regional Courts' decisions in connection with the property rights before the Civil Courts of First Instance that have a value less than or equal to TRY 40.000,- and that have been previously appealed from Civil Courts of First Instance, cannot be appealed to Supreme Court. It should also be stated that if the dispute amount is filed partially, whole dispute amount is taken into consideration for the monetary limitation. In partial dismissal of action, the monetary limitation is applied to the dismissed part, not the whole dispute amount. If the dismissed part is less and whole debt is more than TRY 40.000,- it cannot be appealed. Only if the opposing party appeals the Regional Court's decision to Supreme Court of Appeal, plaintiff can also submit a petition of appeal (Article 42 of the Amendment Law).
    Enforcement and Bankruptcy Law

    Unless provided otherwise by a specific law, Enforcement Courts' decisions are allowed to be appealed if the claim, right or property has a value over TRY 7.000,-, except in the cases stated in Article 363 of the Enforcement and Bankruptcy Law (Article 3 of the Amendment Law).

    In addition to this, final decisions of the Regional Courts can be appealed to the Supreme Court only if the decision is rendered in a lawsuit with a value over TRY 40.000,- (Article 4 of the Amendment Law).

    Law on Labor Courts

    Unless provided otherwise by a specific law, it is allowed to appeal final decisions of the Labor Courts to the Regional Courts only if the decision is rendered in a lawsuit with a value over TRY 3.000,-. If the case or work is not monetarily valuable it is allowed to appeal the decision to the Regional Courts.

    Regional Courts' decisions rendered in a lawsuit with a value over TRY 40.000,- or decisions regarding disputes that are not monetarily valuable can be appealed to the Supreme Court eight days after receiving the notice of the decision (Article 5 of the Amendment Law).
  2. The Amendment Law has introduced an additional article to the Civil Procedure Law for the automatic increase of the monetary limitations stipulated in some articles thereof. Accordingly, the monetary limitations stipulated in the Articles 200 [burden of proof with written documents], 201 [no witness against a written document], 341 [appeal of decisions of the Civil Court of First Instance], 362 [decision of the Regional Courts that cannot be appealed] and 369 [hearings before the Supreme Court] of the Civil Procedure Law will be annually increased in accordance with the revaluation ratios which are determined and announced by the Ministry of Finance under the Tax Procedural Law.

    In terms of the application of the monetary limitations stipulated in the articles of the Civil Procedure Law stated above, it has also been stated that the value at the date on which the transaction is conducted will be taken into consideration for the Articles of 200 and 201 thereof, whereas the value at the date on which the decision is rendered by the relevant court will be taken into consideration for the Articles of 341, 362 and 369 (Article 44 of the Amendment Law).
  3. The Amendment Law has introduced some amendments to the Civil Procedure Law in terms of the appellate procedures. Prior to the amendment, decisions of persistence ("direnme kararı") of the Civil Courts of First Instance and the Regional Courts against Supreme Court were examined by the Supreme Court Assembly of Civil Chambers. However, upon the amendment, decisions of persistence will be examined by the relevant chamber of the Supreme Court whose decision of reversal is challenged by such decision of persistence. The relevant chamber of the Supreme Court may either directly correct its decision of reversal or send the relevant case file to the Supreme Court Assembly of Civil Chambers for a further review (Article 43 of the Amendment Law).
  4. The Amendment Law has introduced a provisional article to the Civil Procedure Law to avoid any confusion in the appellate procedures. Accordingly,

    • The decision of persistence will be examined by the relevant chamber of the Supreme Court whose decision of reversal is challenged by such decision of persistence, if the decision of a Civil Court of First Instance rendered at any time before the date on which the Regional Courts take office.
    • All of the case files, which are before the Supreme Court Assembly of Civil Chambers as of the date of entry into force of the Amendment Law, will be sent to the relevant chamber of the Supreme Court whose decision of reversal is challenged by a decision of persistence of the Civil Court of First Instance.
    • As an exception to the civil cases in the Amendment Law; as of the date of entry into force of the Amendment Law, appealed case files of Labor Courts before the Supreme Court Assembly of Civil Chambers are not sent back to the relevant chamber of Supreme Court in accordance with the Provisional Article 2 of Law on Labor Courts (Article 45 of the Amendment Law).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions