The Law No. 7531, known as the 9th Judicial Reform Package in Turkey, was published in the Official Gazette on November 14, 2024. This law brings changes to various legal texts, including the Turkish Penal Code, the Code of Criminal Procedure, the Turkish Civil Code, the Code of Civil Procedure, the Enforcement and Bankruptcy Law, the Labor Law, and the Mediation Law in Legal Disputes. This article focuses on the changes affecting private law.
Changes Made to the Code of Civil Procedure (Law No. 6100)
An important change has been made to the Code of Civil Procedure. Prior to the change, in cases where lengthy trials resulted in a decision for reversal, the appeal limit could be beyond the value of the case, closing the opportunity for further legal recourse. With the amendment, the increased monetary limits resulting from revaluation for appeals (both appellate and Supreme Court) will no longer apply to decisions rendered after a reversal. In other words, the monetary limits in effect on the date of the decision of the first instance court will be used. The purpose of this change is to support the right to access justice.
Changes to the Law on the Establishment and Duties of Administrative Courts, Tax Courts, and Regional Administrative Courts (Law No. 2576)
The amendment to the law has introduced a significant change regarding the increase in the value of a case. According to the new regulation, when the value of a case is increased by an amendment (reformation), the monetary limit of the case will be determined according to the amount at the time of the claim or, in the case of an increase, at the date of the increase. If the monetary limit for a partial or uncertain claim exceeds the limit for a single judge, the case will be transferred to a court panel.
Additionally, cases originally judged by a panel may be taken over by a single judge if the monetary limit is adjusted in the next year, but under the new law, such cases will continue to be handled by a panel.
Changes to the Law on the Organization, Duties, and Powers of the Judiciary in First Instance Courts and Regional Courts of Appeal (Law No. 5235)
The amendment provides that jurisdictional issues between regional appellate courts will be resolved at the pre-examination stage. According to the new rules, if the relevant judicial panel deems itself incompetent after a preliminary review, it will send the case to the appropriate panel, providing the reasons. However, if the decision is made to transfer the case within a month, the transfer decision must be based on jurisdiction.
After this, the panel receiving the case has two weeks to conduct a preliminary review and can refer the case to the Judicial Panels Presidents' Board if it finds itself not competent. The decision made by the Board after the preliminary examination is final.
Changes Made to the Labor Courts Law (Law No. 7036)
A change in the mediation regulations of the Labor Law has been introduced. Before the amendment, if a party did not attend the first mediation meeting without a valid excuse, even if the party was found to be right in the case, they were not entitled to legal fees, and the litigation costs were borne by them. However, under the new regulation, if the absent party wins, even partially, they will be responsible for half of the litigation costs and will receive half of the attorney's fee according to the minimum wage tariff.
Changes to the Foundations Law (Law No. 5737)
With the change in the law, there have been modifications related to the exemptions and exceptions for foundations. According to the changes, properties belonging to the General Directorate and appointed foundations are exempt from state property privileges, cannot be seized, or pledged. These foundations are exempt from all taxes, fees, and contributions to public institutions. They are also exempt from court fees and are not required to provide security for any legal proceedings, including lawsuits and temporary protection measures.
Changes to the Turkish Civil Code (Law No. 4721)
The amendment to the Civil Code relates to the action for the denial of paternity. Previously, the husband or the child could initiate an action to deny paternity. The change now allows the mother to file such a lawsuit. The new provision allows the husband, mother, or child to challenge the presumption of paternity. The mother has one year from the date of birth to initiate the action.
Additionally, there has been a revision regarding adoption. Under the new law, in cases of adoption by parents who are married, the adopted child's name will be recorded with the names of the adopting parents. In cases of single-parent adoption, the adopting parent's name will be recorded. This regulation also applies to other adopted persons if they request it.
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.
