Code of Civil Procedure

(1) The jurisdiction of courts over subject matter shall be regulated only by law. The rules on subject-matter jurisdiction are matters of public order.

(1) Unless otherwise provided, the court having subject-matter jurisdiction over actions concerning property rights, regardless of the value or amount of the subject matter of the action, and over actions concerning personal status shall be the civil court of first instance.

(2) Unless otherwise provided in this Code and in other laws, the civil court of first instance shall also have jurisdiction over other actions and matters.

Annulled by Constitutional Court decision of 16/2/2012, E. 2011/35, K. 2012/23

(1) Regardless of the value or amount of the subject matter of the action, the following:

a) Actions concerning all disputes arising from a lease relationship, including actions for receivables arising from the lease relationship, and actions brought against such actions, without prejudice to the provisions on the eviction of leased immovables through enforcement without judgment under the Enforcement and Bankruptcy Law No. 2004 dated 9/6/1932,

b) Actions concerning the partition of movable and immovable property or rights and the dissolution of co-ownership,

c) Actions concerning movable and immovable property that are solely aimed at the protection of possession,

ç) Actions which this Code and other laws assign to the civil court of peace or to the civil judge of peace,

shall be heard by civil courts of peace.

(1) The territorial jurisdiction of courts shall be subject to the provisions of this Code, without prejudice to the provisions on territorial jurisdiction contained in other laws.

(1) The court of general jurisdiction is the court of the domicile of the defendant natural or legal person at the date on which the action is brought.

(2) Domicile shall be determined in accordance with the provisions of the Turkish Civil Code No. 4721 dated 22/11/2001.

(1) If there is more than one defendant, the action may be brought in the court of the domicile of any one of them. However, if the law designates, according to the cause of action, a court having common jurisdiction over all of the defendants, the action shall be heard by the court of that place.

(2) Where there are several defendants, if it is understood from evidence or indications that the action has been brought solely for the purpose of bringing one of the defendants before a court other than the court of his or her own domicile, the court shall, upon the objection of the defendant concerned, sever the action against that defendant and render a decision of lack of territorial jurisdiction.

(1) For actions for receivables or movable property to be brought against persons temporarily residing in a place, such as civil servants, employees, students and soldiers, the court of the place where they are located shall also have jurisdiction if their stay there may continue for a fairly long period.

(1) The court of general jurisdiction over persons who do not have a domicile in Türkiye is the court of the place where the defendant's habitual residence in Türkiye is located. However, without prejudice to other cases of special jurisdiction, an action concerning property rights may also be brought in the place where the asset in dispute is located.

(1) Actions arising from a contract may also be brought in the court of the place where the contract is to be performed.

(1) In the following actions, the court of the last domicile of the deceased shall have exclusive jurisdiction:

a) Actions concerning the partition of the estate, the invalidity of a partition agreement concluded, the annulment and reduction of dispositions mortis causa, and claims for recovery based on inheritance, as well as actions among heirs arising from the administration of the estate.

b) All actions to be brought against the heirs until the final partition of the estate.

(2) An action for recovery intended to be brought concerning an asset forming part of the estate may also be brought in the place where the asset was located at the time of the inventory and determination of the estate.

(3) In actions concerning the annulment of a certificate of inheritance and the issuance of a new certificate of inheritance, the court of the place where each of the heirs resides shall also have jurisdiction.

(1) In actions concerning a right in rem over an immovable or which may lead to a change in the holding of a right in rem, and in actions concerning the possession of an immovable or the right of retention, the court of the place where the immovable is located shall have exclusive jurisdiction.

(2) Actions concerning servitudes shall be brought in the court of the place where the immovable over which the servitude is established is located.

(3) If these actions concern more than one immovable, they may be brought, in respect of all the others as well, in the place where one of the immovables is located.

(1) In cases where exclusive jurisdiction is not at issue, the court hearing the main action shall also have jurisdiction to hear the counterclaim.

(1) In actions arising from the transactions of a branch, the court of the place where that branch is located shall also have jurisdiction.

(2) For actions to be brought by legal persons governed by private law against one of their partners or members, or by a partner or member in that capacity against the others, limited to partnership or membership relations, the court of the place where the seat of the legal person concerned is located shall have exclusive jurisdiction.

(1) Actions arising from indemnity insurance may also be brought, if the insurance concerns an immovable or a movable which by its nature must be or is required to be fixed in one place, in the place where the property is located; and if it concerns a movable which need not be or is not required to be fixed in one place, in the place where the risk materialised.

(2) In life insurance, in actions to be brought for or against the policyholder, the insured or the beneficiary, the court of their domicile shall have exclusive jurisdiction.

(3) This provision shall not apply to actions arising from marine insurance.

(1) In actions arising from a tort, the court of the place where the tort was committed or where the damage occurred or is likely to occur, or the court of the domicile of the injured party, shall also have jurisdiction.

(1) Merchants or public legal persons may, by agreement, confer jurisdiction on one or more courts in respect of a dispute that has arisen or may arise between them. Unless otherwise agreed by the parties, the action shall be brought only in the courts so designated by the agreement.

(1) A jurisdiction agreement may not be concluded in respect of matters over which the parties cannot freely dispose, nor in cases of exclusive jurisdiction.

(2) For a jurisdiction agreement to be valid, it must be made in writing, the legal relationship from which the dispute arises must be specific or determinable, and the court or courts on which jurisdiction is conferred must be indicated.

(1) In actions where jurisdiction is exclusive, the court shall be obliged to examine of its own motion, until the end of the action, whether it has jurisdiction; the parties may also assert at any time that the court lacks jurisdiction.

(2) In actions where jurisdiction is not exclusive, the objection to territorial jurisdiction must be raised in the statement of defence. The party raising the objection to territorial jurisdiction shall indicate the court having jurisdiction and, if there is more than one court having jurisdiction, the court of its choice. Otherwise, the objection to territorial jurisdiction shall not be taken into consideration.

(3) In its decision of lack of territorial jurisdiction, the court shall also indicate the court having jurisdiction.

(4) In actions where jurisdiction is not exclusive, if the defendant does not raise an objection to territorial jurisdiction in due time and in the proper manner, the court in which the action was brought shall acquire jurisdiction.

(1) Where a decision of lack of subject-matter jurisdiction or lack of territorial jurisdiction is rendered, one of the parties must apply to the court that rendered the decision within two weeks, running from the date of service if the decision is final when rendered, from the date on which the decision became final if it became final because no legal remedy was sought (…) within the time limit, or from the date of service of the decision rejecting the application if a legal remedy was sought, and request that the case file be sent to the court having subject-matter or territorial jurisdiction. Otherwise, the action shall be deemed not to have been brought, and the court that rendered the decision of lack of subject-matter or territorial jurisdiction shall decide on this matter of its own motion.

(2) The court to which the file is sent shall, of its own motion, send summonses to the parties.

(1) In the following cases, recourse shall be had to the determination of the forum in order to designate the court that will hear the action:

a) If any impediment arises to the hearing of the action by the court having subject-matter and territorial jurisdiction to hear it.

b) If any doubt arises between two courts as to the determination of the boundaries of their judicial districts.

c) If both courts render decisions of lack of subject-matter jurisdiction and these decisions become final without recourse to legal remedies.

ç) If, in cases of exclusive jurisdiction, both courts render decisions of lack of territorial jurisdiction and these decisions become final without recourse to legal remedies.

(1) Where there is any impediment to the hearing of an action by the court having jurisdiction, or where doubt arises as to the determination of the boundaries of the judicial districts between two courts, application for the designation of the competent court shall be made to the regional courts of appeal in respect of first instance courts, and to the Court of Cassation in respect of regional courts of appeal.

(2) Where the decisions rendered by two courts on subject-matter or territorial jurisdiction concerning the same action become final without recourse to legal remedies, the court having subject-matter or territorial jurisdiction shall be determined, as the case may be, by the regional court of appeal or by the Court of Cassation.

(1) The examination concerning the determination of the forum may be conducted on the case file.

(2) Decisions on the determination of the forum rendered by the regional court of appeal or by the Court of Cassation, and decisions on subject-matter or territorial jurisdiction that become final as a result of review on legal remedies, shall be binding on the court that will thereafter hear the action.

(1) The judge may not, of his or her own motion, examine and decide an action without a request by one of the two parties.

(2) Unless expressly provided by law, no one may be compelled to bring an action in his or her favour or to claim his or her right.

(3) The power of disposition over the subject matter of the action over which the parties may freely dispose shall continue after the action has been brought.

(1) Except for the exceptions provided by law, the judge may not, of his or her own motion, take into consideration anything or any facts not stated by either of the two parties, and may not even engage in conduct that may remind them of such matters.

(2) Except in the cases specified by law, the judge may not collect evidence of his or her own motion.

(1) The judge shall be bound by the relief sought by the parties; he or she may not award more than that or something else. Depending on the circumstances, he or she may award less than the relief sought.

(2) The provisions of law under which the judge is not bound by the requests of the parties are reserved.

(1) The parties to the action, the intervening parties and other persons concerned in the proceedings shall have the right to be heard in connection with their own rights.

(2) This right comprises:

a) Being informed of the proceedings,

b) The right to make statements and to prove,

c) The court's assessment taking the statements into account, and the reasoning of decisions in a concrete and clear manner,

as its elements.

(1) Hearings and the pronouncement of decisions shall be public.

(2) The court may decide, upon the request of the person concerned or of its own motion, that all or part of the hearings be held in camera only where general morality or public security (…) strictly so requires.

(3) The parties' request for confidentiality shall be examined and decided in a closed hearing within the framework of the provisions on preliminary issues. The judge shall state the reasons for this decision together with the decision on the merits.

(4) The judge shall warn those present during closed proceedings not to disclose information they have obtained concerning those proceedings, shall caution them that the provision of the Turkish Criminal Code No. 5237 dated 26/9/2004 on breach of confidentiality will apply, and shall record this in the minutes.

(1) The parties shall be obliged to act in accordance with the rule of good faith.

(2) The parties shall be obliged to make their statements concerning the facts on which the action is based truthfully.

(1) The judge shall be obliged to ensure that the proceedings are conducted within a reasonable time and in an orderly manner and that unnecessary expenses are not incurred.

(1) Where the clarification of the dispute so requires, the judge may have the parties make explanations, ask questions and request that evidence be produced concerning matters which he or she considers factually or legally unclear or contradictory.

(1) The judge shall conduct and direct the proceedings and shall take all necessary measures to prevent the order of the proceedings from being disrupted.

(2) An appropriate time limit shall be granted for the redrafting of a petition that is illegible, improper or irrelevant, and that petition shall remain in the file. If a new petition is not drafted within the time limit granted, no further time limit may be granted.

(1) The judge shall apply Turkish law of his or her own motion.

(1) The judge may not hear the action in the following cases and shall be obliged to withdraw even in the absence of a request:

a) In an action of his or her own or in which he or she is directly or indirectly concerned.

b) In an action of his or her spouse, even if the marriage bond between them has ended.

c) In an action of his or her own descendants or ascendants or those of his or her spouse.

ç) In an action of a person with whom he or she has a bond of adoption.

d) In an action of persons related to him or her by blood up to and including the third degree, or by affinity, even if the marriage bond establishing the affinity has ended.

e) In an action of his or her fiancé or fiancée.

f) In an action in which he or she has acted as representative, guardian, curator or legal adviser of one of the two parties.

(1) Recourse may be had to the higher court against the decision of withdrawal. All acts performed in the presence of that judge from the date on which the ground of disqualification arose may be annulled by decision of the higher court. Judgments and decisions, however, shall in any event be annulled. In such case, the judge may be ordered to pay the costs of proceedings.

(2) Where the decision of withdrawal is rendered by the judge of a first instance court, the decision to be rendered by the regional court of appeal upon application shall be final.

(1) Where there is a serious reason giving rise to doubt as to the impartiality of the judge, one of the parties may challenge the judge, and the judge may also withdraw on his or her own initiative. In particular, the existence of a ground for challenging the judge shall be accepted in the following cases:

a) If he or she has advised or guided one of the two parties in the action.

b) If he or she has disclosed his or her opinion on the action to one of the two parties or to a third person although not required by law.

c) If he or she has been heard as a witness or expert in the action, or has acted in the capacity of judge or arbitrator; or has acted as mediator or conciliator in the dispute.

ç) If the action belongs to his or her collateral relatives up to and including the fourth degree.

d) If, during the action, he or she has an action with, or there is enmity between him or her and, one of the two parties.

(1) If the judge does not withdraw on his or her own initiative although one of the grounds requiring his or her challenge exists, he or she may hear the action until one of the two parties makes a request for challenge.

(1) The party who knows of the ground for challenging the judge must raise the request for challenge at the latest at the first hearing. If the party learns of the ground for challenge while the action is being heard, he or she shall be obliged to notify this request immediately, at the latest at the first hearing after learning of it, before any new act is performed. A request for challenge not made within the specified period shall not be heard.

(2) The challenge of the judge shall be requested by petition. In this petition, the grounds on which the request for challenge is based and the evidence or indications must be clearly set out, and documents, if any, must be attached.

(3) The petition for challenge of the judge shall be submitted to the court of which the challenged judge is a member.

(4) A request for challenge may not be withdrawn.

(5) The party challenging the judge shall have the petition served on the opposing party. The opposing party may respond within one week. After this period has expired, the chief clerk shall hand over the petition for challenge, the response of the opposing party and its annexes, if any, together with the file, to the challenged judge. The judge shall examine the file within one week, state in writing his or her opinion as to whether the grounds for challenge are in conformity with the law, and hand over the file to the chief clerk to be sent immediately to the competent authority.

(6) Repealed: 22/7/2020, Law No. 7251, Art. 4

(7) Repealed: 22/7/2020, Law No. 7251, Art. 4

(8) Inviting the judge to withdraw shall have the effect of a challenge of the judge.

(9) Repealed: 22/7/2020, Law No. 7251, Art. 4

(1) If the judge, upon a request for challenge by one of the parties or of his or her own motion, expresses an opinion in favour of withdrawal, the authority competent to examine the request for challenge shall decide whether this withdrawal is in conformity with the law.

(1) A request for challenge of a judge shall be examined by the court of which the judge is a member, without the participation of the challenged judge.

(2) If the court cannot convene due to the non-participation of the challenged judge, or if the court consists of a single judge, the request for challenge shall be examined by the other court or judge performing the function of civil judge of first instance in that place. If the function of civil judge of first instance in that place is performed by a single judge, the request for challenge concerning that judge shall be examined by the criminal judge of first instance, if any, or otherwise by the nearest civil court of first instance.

(3) If a civil judge of peace is challenged, the request for challenge shall be examined by another civil judge of peace in that place. If the function of civil judge of peace in that place is performed by a single judge, the request for challenge concerning that judge shall be examined, in the order of their availability, by the criminal judge of peace, the civil judge of first instance or the criminal judge of first instance in that place, or, in the absence of these, by the civil judge of peace in the nearest place.

(4) A request for challenge of the presiding judges and members of the civil chambers of regional courts of appeal shall be decided by the chamber in which they serve, without the participation of the challenged presiding judge or member. Collective requests for challenge of a nature that would prevent the civil chambers from convening shall not be heard.

(1) A request for challenge of a judge shall be dismissed without being admitted in the following cases:

a) If the request for challenge has not been made in due time.

b) If the ground for challenge and convincing evidence or indications relating to that ground have not been shown.

c) If it is clearly understood that the request for challenge has been made for the purpose of prolonging the action.

(2) In these cases, the request for challenge shall be dismissed, in collegial courts, with the participation of the challenged judge in the deliberations, and, in single-judge courts, by the challenged judge himself or herself.

(3) Recourse to appeal (istinaf) against such decisions of the first instance court, and recourse to appeal on points of law against decisions concerning the presiding judges and members of the civil chambers of regional courts of appeal, may be had only together with the judgment.

(1) The decision on a request for challenge of a judge may also be rendered by examining the case file.

(2) Added: 22/7/2020, Law No. 7251, Art. 5 Even if the ground for challenge is not proven, the competent authority may accept the request for challenge if it considers it probable.

(3) Added: 22/7/2020, Law No. 7251, Art. 5 No oath may be proposed concerning the grounds for challenge.

(4) The challenged judge may not hear that action until the competent authority decides on the challenge. However, matters and actions in which delay would be prejudicial are excluded from this. A renewed challenge, based on the same circumstances and events, of a judge in respect of whom a request for challenge was previously rejected by the competent authority shall not prevent the judge from hearing the action.

(5) If the request for challenge is not accepted by the competent authority, the challenged judge shall continue to hear the action.

(6) If it is understood that the request for challenge was made in bad faith and it is not accepted on the merits, a disciplinary fine of five hundred Turkish liras to five thousand Turkish liras shall be imposed on each of the persons making the request.

(7) Where a request for challenge raised by the same party against the judge in the same action is rejected, the disciplinary fine to be imposed may not be less than twice the previous disciplinary fine.

(8) For the collection of the disciplinary fine, the court hearing the action shall take the necessary action within two weeks from the date of receipt of the file.

(1) In actions and matters in which the appeal (istinaf) remedy is not available with respect to the judgment on the merits, the decisions of the reviewing authority concerning the request for recusal of the judge shall be final.

(2) In actions and matters in which the appeal (istinaf) remedy is available with respect to the judgment on the merits, however, an appeal (istinaf) may be lodged against the decisions of the reviewing authority on the request for recusal (…) within two weeks from the date of service; in this case, the provision of Article 347 shall not apply. The decisions of the regional court of appeal on this matter shall be final.

(3) Where the decision of the reviewing authority dismissing the request for recusal is not upheld and is set aside by the regional court of appeal, or where the decision of the reviewing authority granting the request for recusal is upheld by the regional court of appeal, the procedural acts affecting the merits that were performed by the recused judge from the date on which the ground for recusal arose and that were objected to by the party requesting recusal shall be annulled by the judge who subsequently hears the action.

(1) In actions and matters in which the remedy of appeal on points of law (temyiz) is not available with respect to the judgment on the merits, the decisions of the regional court of appeal concerning the recusal of the presiding judge and members of the regional court of appeal shall be final.

(2) In actions and matters in which the remedy of appeal on points of law is available with respect to the judgment on the merits, however, the decision on the request for recusal may be appealed on points of law (…) within two weeks from the date of service. In this case, the provision of Article 347 shall not apply. The decision of the Court of Cassation on this matter shall be final.

(3) Where, upon an appeal on points of law, the decision dismissing the request for recusal of a judge of the regional court of appeal is reversed by the Court of Cassation, or the decision granting the request for recusal is upheld by the Court of Cassation, the procedural acts concerning the merits that were performed by the recused judge from the date on which the ground for recusal arose and that were objected to by the party requesting recusal shall be annulled by the regional court of appeal that subsequently hears the action.

(1) A request for recusal may be made against the court clerk assigned to the action on one of the grounds set out in Articles 34 and 36. The request for recusal shall be decided by the court at which the court clerk serves. Decisions rendered on this matter shall be final.

(2) The court clerk may withdraw from duty by stating the grounds set out in Article 34. In this case, the necessary decision shall be rendered by the court at which the clerk serves.

(3) Where the recusal or withdrawal of the court clerk is requested in the same matter together with that of the judge, the authority that will examine the recusal or withdrawal of the judge shall decide in respect of both.

(1) An action for compensation may be brought against the State on account of the judicial activity of judges on the following grounds:

a) That an unlawful judgment or decision was rendered owing to favouritism or partiality, or owing to hatred or enmity towards one of the parties.

b) That a judgment or decision contrary to law was rendered owing to a benefit provided or promised.

c) That a decision or judgment was rendered contrary to a provision of law so clear and definite that no different meaning can be attributed to it.

ç) That a judgment was rendered on the basis of a ground not contained in the hearing record.

d) That the hearing records or the judgments or decisions were altered or falsified, or a statement not made was presented as having been made in a manner capable of affecting the judgment or decision, and a judgment was rendered on that basis.

e) That there was a refusal to administer justice.

(2) The bringing of an action for compensation may not be made conditional upon a criminal investigation being conducted against the judge or upon a conviction.

(3) On account of the compensation it has paid, the State shall have recourse against the responsible judge within one year from the date of payment.

(1) Amended: 1/4/2015, Law No. 6644, Art. 3 An action for compensation brought against the State shall be heard, in the capacity of a court of first instance, by the relevant civil chamber of the Court of Cassation in respect of the acts and decisions of judges of courts of first instance and of regional courts of appeal, and by the Fourth Civil Chamber of the Court of Cassation in respect of the acts and decisions of the President and members of the Court of Cassation and of those holding the same status as them by law. Where the action concerns the acts and decisions of the President and members of that chamber, the proceedings shall be conducted by the Third Civil Chamber of the Court of Cassation. Appellate review of the decisions rendered shall be carried out by the Assembly of Civil Chambers. The presiding judge and members who rendered the decision may not take part in the appellate review.

(2) The action for recourse to be brought by the State against the responsible judge shall be heard by the court that decided the action for compensation.

(1) The petition for the action for compensation shall clearly state the ground of liability relied upon and the evidence; any documents shall also be attached.

(2) The court shall, of its own motion, give notice of the action for compensation brought to the judge concerned.

(1) If the action is dismissed on the merits, the claimant shall be sentenced to a disciplinary fine of five hundred Turkish Liras to five thousand Turkish Liras.

(1) A person who has the capacity to enjoy civil rights also has the capacity to be a party to an action.

(1) The capacity to conduct proceedings shall be determined according to the capacity to exercise civil rights.

(1) Persons who do not have the capacity to exercise civil rights shall be represented in the action by their legal representatives, and legal persons by their authorised organs.

(1) Standing to conduct proceedings is the authority to obtain a judgment on the relief sought. Save for the exceptional cases specified by law, this authority shall be determined according to the power of disposition under substantive law.

(1) In cases where the bringing and conduct of an action are subject to the permission of a particular authority, legal representatives shall submit the permission documents, and the organs of legal persons shall submit their documents of representation, to the court together with the statement of claim or the statement of defence; otherwise, they may not bring an action and may not perform any act relating to the proceedings. However, in cases where delay would be prejudicial, the court may permit the legal representatives or the organs of legal persons to bring an action or to perform acts relating to the action, on condition that they remedy the above-mentioned deficiency.

(2) If an application to a court is required in order to obtain the permission document, the person concerned shall be granted a peremptory time limit for making the application. Where an application is made to the court within this time limit, the decision on that matter shall be awaited.

(3) Where the documents are not submitted or no application is made to the court within the time limit, the action shall be deemed not to have been brought or the acts performed shall be deemed not to have been performed.

(1) In the event of the death of one of the parties, if the heirs have not accepted or renounced the estate, the action shall be stayed until the time limits prescribed by law in this respect have expired. Nevertheless, in cases where delay would be prejudicial, the judge may, upon request, decide to appoint a curator to conduct the action.

(1) Where a request for one of the parties to be placed under guardianship or for a legal adviser to be appointed to him or her is found appropriate by the court, or where the court deems it necessary, the proceedings may be stayed until a final decision is rendered on that matter.

(2) Where one of the parties has been placed under treatment, observation or protection in accordance with the law, or has been prohibited from communicating with others, and it is not possible for that party or his or her attorney to be present before the court, the proceedings may be stayed until a curator is appointed for that person to conduct the action.

(1) Several persons may jointly bring an action, and an action may also be brought jointly against them, in the following cases:

a) Where the right or obligation forming the subject matter of the action is common among the claimants or the defendants on a ground other than joint ownership (elbirliği ile mülkiyet).

b) Where a right has arisen for the benefit of all of them, or they have all become bound by an obligation, through a common transaction.

c) Where the facts and legal grounds forming the basis of the actions are the same as or similar to one another.

(1) In permissive joinder of parties, the actions are independent of one another. Each of the joined parties acts independently of the others.

(1) Compulsory joinder of parties exists in cases where, under substantive law, a right must be exercised jointly by more than one person or asserted jointly against more than one person, and a single judgment must be rendered in respect of all of them.

(1) Compulsorily joined parties may bring an action only jointly, and an action may be brought against them only jointly. In this type of joinder, the joined parties must act together. However, procedural acts performed by those joined parties who have attended the hearing shall also have effect in respect of those joined parties who, although duly summoned, have not attended the hearing.

(1) If one of the parties considers that, in the event of losing the action, he or she will have recourse against a third party or the third party will have recourse against him or her, that party may give notice of the action to the third party until the completion of the investigation stage (tahkikat).

(2) The person to whom notice of the action has been given may likewise give notice to another person under the same conditions, and the notice may thus be continued successively.

(1) Notice shall be given in writing; the ground for the notice shall be explained together with the reasons therefor, and the stage at which the proceedings stand shall be specified.

(2) The proceedings may not be adjourned to another day on account of the notice of the action, and no time limit may be granted except in compelling circumstances such as the successive continuation of the notice.

(1) The person to whom notice of the action has been given may join the action on the side of the party in whose success in the action he or she has a legal interest.

(1) As regards the effect on the person giving notice of the judgment rendered in the action of which notice was given, the provision of paragraph 2 of Article 69 shall apply by analogy.

(1) A third party who claims a right, in whole or in part, over the right or thing that is the subject matter of proceedings may, until judgment is rendered, by asserting this situation, bring an action before the same court against the parties to the proceedings.

(2) The principal intervention action and the main proceedings shall be conducted and decided together.

(1) A third party may, until the completion of the investigation stage, take part in the action as an accessory intervener on the side of, and for the purpose of assisting, the party in whose success in the action he or she has a legal interest.

(1) The third party requesting intervention shall apply to the court with a petition specifying the party on whose side he or she wishes to join, the ground for intervention and its basis.

(2) The petition for intervention shall be served on the parties to the action. The court shall, if necessary, summon the third party together with the parties in order to hear them, and shall decide on the request for intervention even if they do not attend.

(1) Where the request for intervention is granted, the intervener may pursue the action only from the point at which it stands. The intervener may assert means of claim or defence that are in the interest of the party on whose side he or she has joined, and may perform all kinds of procedural acts that are not contrary to the acts and statements of that party.

(2) The court shall also serve on the intervener the acts notified to the parties from the point at which the intervener joined.

(1) In the main action in which the intervener also takes part, the judgment shall be rendered in respect of the parties.

(2) In the recourse relationship with the party, the accessory intervener's claim that the dispute in the main action was wrongly decided shall not be heard. However, the intervener may assert that the party on whose side he or she joined conducted the proceedings defectively, by stating that he or she joined the action late because notice was not given in due time, or that the party prevented him or her from making use of the possibilities of claim and defence, or that possibilities of claim and defence unknown to the intervener could not be used owing to the gross fault of the party.

(1) The public prosecutor shall, in the cases expressly provided for by law, bring a civil action or take part as a party in a civil action already brought.

(2) If the public prosecutor does not bring an action despite the notification of the official authority, the notifying official authority may lodge an objection with the senior judge of the civil court of first instance closest to the seat of the high criminal court within whose judicial district the public prosecutor serves. In this respect, Articles 172 and 173 of the Code of Criminal Procedure No. 5271 dated 4/12/2004 shall apply by analogy.

(3) The parties may not freely dispose of actions and matters in which the public prosecutor takes part.

(1) Everyone having the capacity to conduct proceedings may bring and pursue his or her action personally or through an attorney whom he or she appoints.

(1) In the bringing and pursuit of an action through an attorney, the provisions on representation of the Code of Obligations No. 818 dated 22/4/1926 shall apply, without prejudice to the special provisions of laws.

(1) Without prejudice to the matters for which the law requires special authority to be granted, the mandate for litigation covers, until the judgment becomes final, the authority of the attorney to perform all acts necessary for pursuing the action, to have the judgment enforced, to collect the costs of proceedings and to give receipts therefor, and the authority for all such acts to be performed also against him or her.

(2) All restrictive acts aimed at limiting the said authority shall be invalid as against the opposing party.

(1) Unless expressly authorised, the attorney may not: make a settlement, request the recusal of the judge, amend the entire action, tender an oath, accept, return or refuse an oath, appoint another person as substitute, lift an attachment, request the bankruptcy of his or her client, conclude an arbitration agreement or an agreement on arbitrators, make an offer for a composition with creditors (konkordato) or for restructuring of capital companies and cooperatives by way of settlement, or consent to these, resort to alternative dispute resolution methods, waive the action or legal remedies, release the opposing party or admit the opposing party's claim, seek a retrial, or bring an action for compensation against the State on account of the acts of judges; and, unless it is specified for which of them authority is granted, may not bring or pursue actions concerning strictly personal rights.

(1) If more than one attorney has been appointed for the action, each of the attorneys may exercise the powers deriving from the mandate independently of the others. Restrictions to the contrary shall be invalid as regards the opposing party.

(1) In actions and matters that he or she brings or pursues, an attorney (avukat) must submit the original of the power of attorney certified or drawn up by a notary, or a true copy thereof certified by the attorney, to be placed in the case file or the enforcement file.

(2) Documents of representation duly drawn up and issued by their competent superiors to the attorneys of public institutions and organisations shall also be valid, and no additional notarial certification thereof is required.

(1) An attorney who does not submit the original or a certified copy of his or her power of attorney may not bring an action and may not perform any act relating to the proceedings. However, in cases where delay may cause harm, the court may permit the attorney to bring an action or to perform procedural acts on condition that he or she produces the power of attorney within a peremptory time limit to be granted by the court. If, within this time limit, the power of attorney is not submitted or the principal party does not notify the court by petition that he or she accepts the acts performed, the action shall be deemed not to have been brought or the acts performed shall be deemed not to have been performed.

(2) An attorney who was permitted to act without a power of attorney but who, without a justified reason, fails to submit the power of attorney within the time limit shall be ordered to pay the hearing fee and other costs of proceedings and the damage suffered by the opposing party. Where an attorney does so in bad faith, the situation shall be notified in writing to the chief public prosecutor's office and to the presidency of the bar association to which the attorney belongs, with a view to initiating criminal and disciplinary investigations against him or her.

(3) The proceedings may in no case be adjourned to another day on account of a party's wish to retain an attorney.

(4) The proceedings may not be adjourned to another day on account of the attorney's resignation, dismissal or failure to examine the file. However, if the failure to examine the file is based on a valid excuse, the judge may grant a short time limit, on one occasion only. At the end of the time limit granted, the action shall be continued even if the file has not been examined.

(1) A party who does not immediately and expressly object to the statements made by his or her attorney at a hearing at which that party is also present shall be deemed to have consented to those statements.

(1) If the attorney engages in improper conduct and behaviour during the hearing, he or she shall be warned by the judge; if the attorney does not comply with the warning and the act is deemed to constitute a disciplinary offence or a criminal offence, the incident shall be recorded in the minutes, including the identity details and addresses of the persons present in the courtroom, and the hearing shall be adjourned. The court shall notify the bar association with which the attorney is registered and, if necessary, the chief public prosecutor's office, so that the necessary legal action may be taken against the attorney.

(2) If a person pursuing his or her own action engages in improper conduct and behaviour at the hearing, the judge shall warn that person; if these warnings are not complied with and it is deemed necessary, the judge shall decide that the person be represented by an attorney and shall have him or her removed from the courtroom immediately; if the person does not have himself or herself represented by an attorney, the procedure shall be carried out in accordance with the provisions applicable in the event of the absence of a party.

(1) If the judge finds that one of the parties is not competent to pursue his or her action personally, the judge may, by granting that party an appropriate time limit, decide that the party pursue the action through an attorney. A party who does not comply with the decision rendered shall be dealt with in accordance with the provisions applicable in the event of his or her absence.

(1) In order for the dismissal or resignation of the attorney to have effect as regards the court and the opposing party, the statement to this effect must be notified by petition or entered in the minutes and, where necessary, the cost of service to be made on the person concerned must also be paid in advance.

(1) The mandate of a resigning attorney shall continue for a period of two weeks from the service of the resignation on his or her client.

(2) Where the attorney has resigned, if the principal does not pursue the action and does not appoint another attorney, the procedure shall be carried out in accordance with the provisions applicable in the event of the absence of a party.

(3) The matters set out in the preceding paragraphs shall be notified to the principal, by way of a warning, by the resigning attorney together with the petition of resignation.

(1) In an action pursued through an attorney, where the attorney is dismissed and the principal does not pursue the action and does not appoint another attorney within two weeks, the procedure shall be carried out in accordance with the provisions applicable in the event of the absence of a party.

(1) In the following cases, appropriate security shall be provided to cover the probable costs of proceedings of the defendant:

a) Where a Turkish citizen who does not have a habitual residence in Türkiye brings an action, joins the action as an intervener on the side of the claimant, or initiates enforcement proceedings.

b) Where the claimant has previously been declared bankrupt, or composition with creditors (konkordato) or restructuring proceedings by way of settlement have been initiated in respect of him or her, or it is documented that he or she is in financial difficulty for reasons such as the existence of a certificate of insolvency.

(2) The court shall also order the provision of security where the circumstances and conditions requiring security arise during the hearing of the action.

(3) In compulsory joinder of parties in actions and in enforcement proceedings, the obligation to provide security arises where this obligation exists in respect of all the claimants.

(1) Security may not be required in the following cases:

a) Where the claimant benefits from legal aid.

b) Where the claimant has, within the country, immovable property sufficient to cover the security required, or a receivable secured by a real security.

c) Where the action has been brought solely for the purpose of protecting the interests of a minor.

ç) Where enforcement proceedings based on a court judgment have been initiated for a receivable established by a court judgment.

(1) The court shall order, of its own motion, security to cover the costs of proceedings. Before ordering security, the judge may hear the parties or the person requesting intervention.

(1) The judge shall freely determine the amount and form of the security to be provided in an action. However, where the parties have agreed upon the form of the security by contract, the security shall be determined accordingly.

(2) Where there is a change in the circumstances and conditions requiring security, the judge may decide to reduce, increase, change or release the security.

(1) If security is not provided within the peremptory time limit set by the judge, the action shall be dismissed on procedural grounds.

(2) If the person requesting intervention fails to provide the required security within the peremptory time limit, a decision shall be rendered deeming that person to have withdrawn the request for intervention.

(1) Where the reason requiring the provision of security ceases to exist, the court shall, upon the request of the interested party, order the return of the security.

(1) Time limits are specified by law or set by the judge. Except in the exceptional cases specified by law, the judge may not extend or shorten the time limits laid down by law.

(2) The judge may, for justified reasons, extend or shorten the time limits that the judge has set; where deemed necessary, the judge shall also hear the parties before deciding on this matter.

(1) Time limits begin to run from the date of service on the parties or, in the cases provided for by law, from the date of pronouncement (tefhim).

(1) Where a time limit is set in days, the day on which service or pronouncement took place shall not be counted, and the time limit shall expire at the closing hour of the last day.

(2) Where a time limit is set in weeks, months or years, it shall expire at the closing hour of the day in the last week, month or year that corresponds to the day on which it began. If, in the month in which the time limit expires, there is no day corresponding to the day on which it began, the time limit shall expire at the closing hour of the last day of that month.

(1) Official holidays shall be included in the time limit. Where the last day of the time limit falls on an official holiday, the time limit shall expire at the end of working hours on the first working day following the holiday.

(1) Time limits set by law are peremptory.

(2) Amended: 22/7/2020, Law No. 7251, Art. 6 The judge may decide that a time limit which the judge has set is peremptory. In that case, the judge shall explain the act that is the subject of the peremptory time limit in a manner leaving no room for doubt, and shall warn of the legal consequences of failing to comply with the time limit by expressly recording them in the minutes. A party who has missed a time limit not specified as peremptory may request a new time limit; the second time limit granted in this manner is peremptory, and no further time limit may be granted.

(3) A party who fails to perform, in due time, an act that must be performed within a peremptory time limit loses the right to perform that act.

(1) A person who, for reasons beyond that person's control, has been unable to perform an act within a time limit specified by law or set as peremptory by the judge may request restoration to the previous state (restitutio in integrum).

(2) If the same result sought to be achieved by the act that could not be performed in due time can be achieved through another legal avenue other than restoration to the previous state, a request for restoration to the previous state may not be made.

(1) Restoration to the previous state must be requested within two weeks from the removal of the impediment that caused the act not to be performed in due time.

(2) In first instance and appeal (istinaf) proceedings, a request for restoration to the previous state may be made at the latest until the final decision is rendered. However, if the final decision was rendered in the absence of a party, a request for restoration to the previous state may also be made after the decision is rendered in respect of time limits missed during the investigation stage.

(1) Restoration to the previous state shall be requested by petition. The petition shall set out the grounds on which the request is based, together with the evidence or indications thereof. The act that could not be performed in due time must also be performed within the time limit prescribed for requesting restoration to the previous state.

(1) Restoration to the previous state in respect of an act that could not be performed shall be requested from the court which would have examined that act.

(2) Where the right to apply for appeal (istinaf) has lapsed, restoration to the previous state shall be requested from the regional court of appeal; where the right to apply for appeal on points of law (temyiz) has lapsed, it shall be requested from the Court of Cassation.

(1) A request for restoration to the previous state shall not require the stay of the proceedings and shall not prevent the enforcement of the judgment. However, if the court examining the request finds the request justified, it may, subject to the provision of security, order the stay of the proceedings or the suspension of the enforcement of the judgment. Where necessary, the court may also order the stay of the proceedings or the suspension of enforcement without the provision of security.

(1) Before first instance courts or regional courts of appeal, a request for restoration to the previous state shall be made and examined in accordance with the procedure for preliminary questions; a request for restoration to the previous state to be raised before the Court of Cassation shall be made and examined in accordance with the procedure for appeal on points of law (temyiz).

(2) Where the request for restoration to the previous state is accepted, the court shall specify in its decision which acts have become invalid. Acts that cannot be invalidated by amendment of pleadings (ıslah) shall not be affected by the request for restoration to the previous state either.

(1) Costs arising from a request for restoration to the previous state shall be borne by the requesting party. However, if the opposing party has caused the costs to increase by raising unfounded objections against the request for restoration to the previous state, the judge may order that all or part of the costs be borne by the opposing party.

Amended: 8/8/2011, Decree-Law No. 650, Art. 33; Annulled by Constitutional Court decision of 18/7/2012, E. 2011/113, K. 2012/108; Re-enacted: 27/6/2013, Law No. 6494, Art. 30

(1) The judicial recess begins on the twentieth of July each year and ends on the thirty-first of August. The new judicial year begins on the first of September.

(1) During the judicial recess, only the following actions and matters shall be heard:

a) Decisions on requests for interim legal protection such as interim injunctions, precautionary attachment and preservation of evidence, on requests for the taking of maritime protests (sea reports) and the appointment of an average adjuster (dispatcher), and on objections and other applications made against them.

b) Maintenance actions of all kinds, and actions or matters concerning descent (filiation), custody and guardianship.

c) Matters and actions concerning the rectification of civil registry records.

ç) Actions brought by employees on the basis of a service contract or employment contract.

d) Requests for the issuance of a certificate of loss due to the loss of commercial books, and cancellation matters arising from the loss of negotiable instruments.

e) Matters and actions concerning bankruptcy and composition (konkordato), and the restructuring of capital companies and cooperatives by way of settlement.

f) On-site inspections that have been ordered to be conducted during the judicial recess.

g) Actions and matters falling within the jurisdiction of the court under the provisions on arbitration.

ğ) Non-contentious matters.

h) Actions and matters which are specified by law as urgent or which the court, upon the request of one of the parties, has decided to hear urgently.

(2) If the parties so agree, or, where the action is being heard in the absence of one party, upon the request of the party present, the hearing of the above matters and actions may be postponed until after the judicial recess.

(3) During the judicial recess, with respect to actions and matters other than those listed in the above paragraphs, the following acts shall also be carried out: receipt of statements of claim, counterclaims, petitions for appeal (istinaf) and appeal on points of law (temyiz) and the reply petitions submitted against them, as well as petitions for the renewal of actions whose files have been removed from the docket; issuance of judgment certificates (ilam); service of all kinds; and the sending of the file to another court, to the regional court of appeal or to the Court of Cassation.

(4) The provisions of this Article shall also apply to examinations by the regional courts of appeal and the Court of Cassation.

(1) In actions and matters subject to the judicial recess, if the expiry of a time limit set by this Code falls within the recess period, such time limits shall be deemed extended by one week from the day on which the judicial recess ends, without the need for a separate decision.

(1) By an action for performance, the court is requested to order the defendant to give or do something, or to refrain from doing something.

(1) By an action for declaratory judgment, the court is requested to determine the existence or non-existence of a right or legal relationship, or whether a document is forged.

(2) Except in the exceptional cases specified by law, the person bringing an action for declaratory judgment must have a current interest, worthy of legal protection, in bringing such action.

(3) Material facts alone may not form the subject matter of an action for declaratory judgment.

Repealed: 16/7/2026, Law No. 7589, Art. 19

(1) By a constitutive action, the court is requested to create a new legal situation, or to change the content of, or to terminate, an existing legal situation.

(2) A constitutive action shall be brought in cases where a constitutive right must be exercised by way of an action.

(3) Unless otherwise provided by law, constitutive judgments shall not have retroactive effect.

(1) Where the subject matter of the claim is divisible by its nature, only a part of it may also be asserted by way of an action.

(2) Repealed: 1/4/2015, Law No. 6644, Art. 4

(3) Except where the remaining part of the subject matter of the claim has been expressly waived when bringing the action, bringing a partial action shall not mean that the remaining part of the subject matter of the claim has been waived.

(4) Added: 16/7/2026, Law No. 7589, Art. 20 Where only a part of a receivable has been claimed in the action, the subject matter of the claim may be increased in the same action, on one occasion only, until the end of the investigation, without being subject to the prohibition on expanding the claim. In this case, the limitation period shall be deemed interrupted from the date of the action also in respect of the increased part.

(1) The claimant may assert, in the same statement of claim, more than one independent principal claim against the same defendant. For this purpose, all of the claims brought together must fall within the same branch of jurisdiction, and there must be a court having common venue for all of the claims.

(1) The claimant may assert more than one claim against the same defendant in the same statement of claim by establishing a principal-subsidiary relationship between them. For this purpose, there must be a legal or economic connection between the claims.

(2) Unless the court decides to dismiss the claimant's principal claim on the merits, it may not examine or adjudicate the subsidiary claim.

(1) In alternative obligations, if the debtor or the third party having the right of choice refrains from exercising that right, the creditor may bring an alternative action.

(2) In an alternative action, if the court concludes that the claim is lawful, it shall render an alternative judgment.

(3) A creditor who seeks compulsory enforcement of an alternative judgment must limit the subject of the enforcement proceedings to one of the performances set out in the judgment. However, this shall not remove the debtor's right to be released from the debt by rendering the other performance.

(1) Associations and other legal persons may, within the framework of their statutes, bring an action in their own name to protect the interests of their members or affiliates or of the segment of society they represent, for the determination of the rights of those concerned, for the remedying of an unlawful situation, or for the prevention of future infringement of the rights of those concerned.

(1) The conditions of action are as follows:

a) Turkish courts having jurisdiction.

b) The judicial route being admissible.

c) The court having subject-matter jurisdiction.

ç) In cases where venue is mandatory, the court having venue.

d) The parties having capacity to be a party and capacity to sue; in cases of statutory representation, the representative having the requisite qualification.

e) Having standing to conduct the action.

f) In actions conducted through an attorney, the attorney having capacity to represent in the action and holding a duly drawn up power of attorney.

g) The advance on costs required to be deposited by the claimant having been deposited.

ğ) The decision on the provision of security having been complied with.

h) The claimant having a legal interest in bringing the action.

ı) The same action not having been previously brought and not being still pending.

i) The same action not having previously been decided by a final judgment.

(2) Provisions concerning conditions of action contained in other laws are reserved.

(1) The court shall examine ex officio, at every stage of the action, whether the conditions of action are satisfied. The parties may also raise the absence of a condition of action at any time.

(2) If the court finds that a condition of action is absent, it shall dismiss the action on procedural grounds. However, if it is possible to remedy the absence of the condition of action, it shall grant a peremptory time limit for it to be remedied. If the absence of the condition of action is not remedied within this time limit, it shall dismiss the action on procedural grounds for lack of a condition of action.

(3) If the absence of a condition of action was not noticed by the court before the merits of the action were addressed and was not raised by the parties, but has been remedied at the time of judgment, the action may not be dismissed on procedural grounds due to the initial absence of the condition of action.

(1) Preliminary objections consist of the following:

a) An objection to venue, in cases where there is no mandatory venue rule.

b) An objection that the dispute must be resolved by arbitration.

c) Repealed: 22/7/2020, Law No. 7251, Art. 8

(1) All preliminary objections must be raised in the statement of defence; otherwise, they shall not be heard.

(2) Preliminary objections shall be examined after the conditions of action.

(3) Preliminary objections shall be examined and decided in the same manner as preliminary questions.

(1) An action shall be deemed to have been brought on the date on which the statement of claim is registered. As many copies of the statement of claim as there are defendants shall be attached to it.

(2) The procedures and principles concerning the registration of the statement of claim shall be determined by regulation.

(1) The statement of claim shall contain the following:

a) The name of the court.

b) The names, surnames and addresses of the claimant and the defendant.

c) The Republic of Türkiye identity number of the claimant.

ç) If any, the names, surnames and addresses of the statutory representatives of the parties and of the claimant's attorney.

d) The subject matter of the action and, in actions concerning property rights, the value of the subject matter of the action.

e) Clear summaries, under sequence numbers, of all the facts on which the claimant's claim is based.

f) The evidence by which each alleged fact is to be proven.

g) The legal grounds relied upon.

ğ) The relief sought, stated clearly.

h) The signature of the claimant and, if any, of the statutory representative or the attorney.

(2) Where matters other than those in subparagraphs (a), (d), (e), (f) and (g) of paragraph 1 are missing, the judge shall grant the claimant a peremptory time limit of one week to remedy the deficiency. If the deficiency is not remedied within this time limit, the action shall be deemed not to have been brought.

(1) When bringing the action, the claimant must deposit with the court cashier's office the court fees and the amount to be determined in the schedule of advances on costs to be issued each year by the Ministry of Justice.

(2) Where it becomes apparent during the proceedings that the advance is insufficient, the court shall grant the claimant a peremptory time limit of two weeks to make up the shortfall.

(3) Added: 22/7/2020, Law No. 7251, Art. 9 The provisions of Article 324 concerning the advance for evidence determined by the court for evidence whose presentation is requested by each of the parties are reserved.

(1) It is mandatory that the documents indicated in the statement of claim and in the possession of the claimant be submitted to the court attached to the petition, together with their originals, in copies numbering one more than the number of defendants and not subject to fees and taxes, or in copies only, and that, for documents and files to be obtained from elsewhere, the petition contain an explanation enabling them to be located.

(1) The statement of claim shall be served on the defendant by the court. The service envelope shall state that the defendant may reply to the action within two weeks.

(1) The claimant may withdraw the action, until the judgment becomes final, only with the express consent of the defendant. Added sentence: 22/7/2020, Law No. 7251, Art. 10 In this case, a decision shall be rendered deeming the action not to have been brought.

(1) A change of party in an action is possible only with the express consent of the opposing party.

(2) Special provisions in laws on this matter are reserved.

(3) However, a request for a change of party arising from a clerical error or which is not contrary to the rule of good faith shall be accepted by the judge without seeking the consent of the opposing party.

(4) If the incorrect or incomplete designation of a party in the statement of claim is based on an excusable mistake, the judge may accept the request for a change of party without seeking the consent of the opposing party. In this case, the judge shall award costs of proceedings in favour of the person who is removed as a party to the action and who did not give cause for the action to be brought against that person.

(1) If, after the action has been brought, the defendant transfers the subject matter of the action to a third person, the claimant may exercise one of the following powers:

a) If the claimant so wishes, the claimant may abandon the action against the transferring party and continue the action against the person who has acquired the subject matter of the action. In this case, if the action concludes in favour of the claimant, the transferor and the transferee of the subject matter of the action shall be jointly and severally liable for the costs of proceedings.

b) If the claimant so wishes, the claimant may convert the action into an action for compensation against the transferring party.

(2) If, after the action has been brought, the subject matter of the action is transferred by the claimant, the transferee shall take the place of the claimant in the pending action and the action shall continue from where it left off. Added sentence: 22/7/2020, Law No. 7251, Art. 11 In this case, if the action concludes against the claimant, the transferor and the transferee of the subject matter of the action shall be jointly and severally liable for the costs of proceedings.

(1) The defendant shall submit the statement of defence to the court before which the action was brought.

(2) As many copies of the statement of defence as there are claimants shall be attached to it.

(3) The statement of defence shall be deemed submitted on the date on which it is registered (havale).

(4) A copy of the statement of defence shall be served on the claimant by the court.

(1) The time limit for submitting the statement of defence is two weeks from the service of the statement of claim on the defendant. However, where, depending on the situation and circumstances, it is very difficult or impossible to prepare the statement of defence within this time limit, a defendant who applies to the court within this same time limit may be granted an additional time limit, starting to run from the expiry of the time limit for defence, on one occasion only and not exceeding one month. The decision rendered on the request for an additional time limit for defence shall be notified to the parties immediately.

(1) A defendant who has not submitted a statement of defence within the time limit shall be deemed to have denied all of the facts asserted by the claimant in the statement of claim.

(1) The statement of defence shall contain the following:

a) The name of the court.

b) The names, surnames and addresses of the claimant and the defendant; if the defendant is abroad, an address in Türkiye to be indicated by the defendant as the basis for acts relating to the action brought.

c) The Republic of Türkiye identity number of the defendant.

ç) If any, the names, surnames and addresses of the statutory representatives of the parties and of the claimant's attorney.

d) Clear summaries, under sequence numbers, of all the facts on which the defendant's defence is based.

e) The evidence by which each fact asserted as the basis of the defence is to be proven.

f) The legal grounds relied upon.

g) The relief sought, stated clearly.

ğ) The signature of the defendant or, if any, of the statutory representative or the attorney.

(2) The provision of Article 121 shall also apply to the statement of defence.

(1) Where subparagraphs (a), (b), (c), (ç) and (ğ) of paragraph 1 of Article 129 are missing from the statement of defence, the judge shall grant a time limit of one week to remedy this; if the deficiency is not remedied within this time limit either, the statement of defence shall be deemed not to have been submitted.

(1) After the statement of defence has been submitted, preliminary objections may not be raised, even if the time limit for defence has not expired.

(1) The termination of the main action for any reason shall not prevent the counterclaim from being heard and decided.

(1) The claimant may submit a reply petition within two weeks from the service of the statement of defence on the claimant; and the defendant may submit a rejoinder petition within two weeks from the service of the claimant's reply on the defendant.

(2) The provisions concerning the statement of claim and the statement of defence shall apply by analogy to the claimant's reply petition and the defendant's rejoinder petition, insofar as they are not contrary to their nature.

(1) After the mutual exchange of petitions, a preliminary examination shall be conducted. In the preliminary examination, the court shall examine the conditions of action and preliminary objections, fully determine the points in dispute, carry out the preparatory acts and the acts necessary for the parties to submit their evidence and for the collection of evidence, encourage the parties to settle or to resort to mediation in actions over which they may freely dispose, and record these matters in the minutes.

(2) The investigation may not begin and no hearing date may be set for the investigation until the preliminary examination has been completed and the necessary decisions have been taken.

(1) The court shall first decide on the procedural conditions of the action and the preliminary objections on the basis of the case file; where necessary, it may hear the parties on this matter at the preliminary examination hearing before rendering its decision.

(1) After the mutual exchange of pleadings and after completing the examination specified in the preceding articles, the court shall set a hearing date for the preliminary examination and notify the parties thereof. Amended sentence: 22/7/2020, Law No. 7251, Art. 13 The summons to be issued shall contain a warning on the following matters:

a) Other matters relating to the hearing summons and its consequences.

b) That the parties shall make the necessary preparations for a settlement.

c) That, where only one of the parties attends the hearing and wishes the proceedings to continue, the absent party may not object to the acts performed in its absence.

ç) That the parties shall, within a definitive time limit of two weeks from the service of the summons, submit to the court the documents indicated in their pleadings but not yet submitted, or provide the explanation necessary for documents to be obtained from elsewhere, and that, if these matters are not fulfilled within the time limit granted, it shall be decided that they are deemed to have waived reliance on that evidence.

(1) At the preliminary examination hearing, the judge shall hear the parties if deemed necessary in order to decide on the procedural conditions of the action and the preliminary objections; thereafter, within the framework of the parties' claims and defences, the judge shall determine one by one the matters on which they agree and those on which they disagree.

(2) After determining the matters in dispute, the judge shall inform the parties about the principles, process and legal consequences of settlement and mediation and shall encourage them to settle or to resort to mediation; if the judge is convinced that a result will be achieved in this respect, the judge shall set a new hearing date, on one occasion only.

(3) At the end of the preliminary examination hearing, whether or not the parties have reached a result through settlement or mediation and, if they have not, what the matters on which they disagree consist of, shall be recorded in minutes. These minutes shall be signed by the parties present at the hearing. The taking of evidence shall be conducted on the basis of these minutes.

(4) The preliminary examination shall be completed in a single hearing. Where compulsory, a new hearing date shall be set on one occasion only.

(5) Amended: 22/7/2020, Law No. 7251, Art. 14 It shall be decided that a party who, despite the warning given pursuant to Article 139, fails to submit the documents indicated in its pleadings or fails to provide the explanation necessary for the documents to be obtained, is deemed to have waived reliance on such evidence.

(1) Amended: 22/7/2020, Law No. 7251, Art. 15 The parties may freely expand or change their claims or defences by means of the reply and rejoinder pleadings. After the mutual exchange of pleadings, the claim or defence may not be expanded or changed.

(2) The provisions on amendment of pleadings (ıslah) and on the express consent of the opposing party concerning the expansion or change of claims and defences are reserved.

(1) After the preliminary examination hearing has been completed, and before commencing the taking of evidence, the judge shall examine and decide on the objections and pleas concerning peremptory periods and limitation.

(1) All claims and defences raised by the parties in the action shall be examined together.

(2) In order to simplify or shorten the proceedings, the judge may, of the judge's own motion or upon the request of one of the parties, decide at any stage of the taking of evidence that one or some of the claims or defences be examined before the others.

(1) During the taking of evidence, the court may summon both parties in accordance with the procedure and hear them on the facts asserted in the action.

(2) The time limit to be granted by the court to the two parties for appearing before the court to be heard may not be less than two weeks. Where necessary, this time limit may be extended or shortened by the court of its own motion or upon the request of either party.

(1) The parties may not adduce evidence after the time limit specified in the Code. However, if the subsequent submission of an item of evidence is not intended to delay the proceedings, or if the failure to submit it in time does not result from the fault of the party concerned, the court may permit that evidence to be adduced subsequently.

(1) If, after examining the evidence adduced by the parties, the court finds that the case has been sufficiently clarified for deliberation and judgment, it shall notify the parties that the taking of evidence has ended.

(1) After completion of the preliminary examination stage, the parties shall be summoned to a hearing for the taking of evidence and oral proceedings.

(2) The summons to be sent to the parties shall state that, if they are not present at the court on the set day and time without a valid excuse, the hearing shall continue in their absence and they may not object to the acts performed; that oral proceedings shall commence at the hearing at which the taking of evidence ends; that, if the hearing is adjourned for oral proceedings, no separate summons shall be sent to the parties; and that, without prejudice to the provision of Article 150, judgment shall be rendered in their absence.

(3) Added: 16/7/2026, Law No. 7589, Art. 21 The interval between hearings may not exceed three months. In compulsory cases, such as where the expert examination is prolonged owing to the nature of the matter or where evidentiary acts are carried out by way of letters rogatory (istinabe), the judge may set a longer period by stating the reasons.

(1) Courts shall perform their duties during official working days and hours. However, in cases of necessity or where delay would cause harm, it may be decided that acts such as on-site inspections, preservation of evidence and matters entered on the daily hearing list be performed also on official holidays or outside working hours.

Amended together with its heading: 22/7/2020, Law No. 7251, Art. 17

(1) Upon the request of one of the parties, the court may decide that the requesting party or its attorney may attend the hearing and perform procedural acts from where they are located by means of simultaneous audio and video transmission.

(2) The court may, of its own motion or upon the request of one of the parties, decide that the witness, the court expert or the specialist be heard from where they are located by means of simultaneous audio and video transmission.

(3) In actions and matters over which the parties may not freely dispose, the court may of its own motion decide that the persons concerned be heard from where they are located by means of simultaneous audio and video transmission.

(4) Owing to a factual impediment or for security reasons, the court may decide that the hearing be held at another place within the provincial boundaries, after obtaining the favourable opinion of the justice commission of the regional court of appeal within whose jurisdiction it is located.

(5) The procedures and principles concerning the implementation of this Article shall be determined by regulation.

(1) Where the parties who have been duly summoned do not attend the hearing, or attend but declare that they will not pursue the action, it shall be decided that the case file be removed from the active docket.

(2) Where one of the duly summoned parties attends the hearing and the other does not, upon the request of the attending party, the proceedings shall continue in the absence of the non-attending party or the case file shall be removed from the active docket. A party who fails to attend the hearing without a valid excuse may not object to the acts performed in its absence.

(3) In cases where the parties are required to apply for a hearing date to be set, if no date has been set, the case file shall be removed from the active docket upon the expiry of one month from the date of the last act.

(4) An action whose case file has been removed from the active docket may be renewed within three months from the date of removal upon the application of one of the parties by petition. The renewal petition shall be served on the parties together with the date, time and place of the hearing. If the request for renewal is made after one month has elapsed from the date on which the case file was removed from the active docket, the fee shall be collected anew; this fee shall be paid by the renewing party and may not be charged to the opposing party. An action renewed by paying the fee in this manner shall be deemed a continuation of the former action.

(5) Actions not renewed within three months from the date of removal from the active docket shall be deemed not to have been filed as of the day on which the time limit expires, and the court shall, of its own motion, render a decision to that effect and close the record.

(6) An action that has been removed from the active docket and subsequently renewed may not be left unpursued more than once after the first renewal. Otherwise, the action shall be deemed not to have been filed.

(7) For whatever reason an action is deemed not to have been filed, the claim in that action shall likewise be deemed never to have been made.

(1) The judge shall prohibit any person who disturbs the order of the hearing from doing so and, if necessary, shall order that such person, except for attorneys, be immediately removed from the courtroom.

(2) If a person, despite a warning, disturbs the order of the court or continues to make improper remarks or to behave improperly in the presence of the court, that person shall be immediately apprehended and disciplinary imprisonment of up to four days shall be imposed on him or her. The provision of this paragraph shall not apply to attorneys.

(3) If the act disturbing the order of the court, or the improper remark or behaviour made in the presence of the court, also constitutes an offence, this circumstance shall be sent with minutes to the Chief Public Prosecutor's Office and, if necessary, it shall also be decided that the person who committed the act, except for attorneys, be placed in pre-trial detention.

(1) The attorneys of the parties attending the hearing may put questions directly to witnesses, court experts and other persons summoned to the hearing, in accordance with the discipline of the hearing. The parties themselves may ask questions through the judge. Where an objection is raised to a question put, the judge shall decide whether the question should be put.

(2) In collegial courts, each of the judges may put questions to the persons specified in paragraph 1.

(1) No photographs may be taken and no audio or video recording of any kind may be made during the hearing. However, in cases where the proceedings so require, filming and recording may be carried out by the court, provided that they are kept in the case file. Footage and recordings made in this manner, as well as all documents and minutes within the case file containing matters concerning personality rights, may not be published anywhere without the express permission of the court and of the persons concerned.

(2) The provision of Article 151 shall apply to a person who acts contrary to this prohibition during the hearing.

(3) In addition, the provisions of Article 286 of the Turkish Criminal Code shall apply to a person who acts contrary to the prohibition on recording and publication.

(1) The judge shall have the performance of evidentiary and adjudicative acts, and the oral statements of the two parties and other persons concerned, entered in the minutes by the court clerk, in summary form if necessary.

(2) The parties or other persons concerned may also, with the permission of the judge, dictate their oral statements directly into the minutes.

(3) The following matters shall be entered in the minutes without exception:

a) The name of the court and the place, date and time at which the hearing was opened.

b) The names and surnames of the judge, the court clerk, the parties present and, if any, their attorneys, statutory representatives, the secondary intervener and the interpreter.

c) Whether the proceedings were conducted in public or in camera.

ç) Provided that they are read to the person making the statement and that person's signature is obtained, admissions, the taking of an oath, consent to the withdrawal of the action, waiver of the claim, statements concerning acceptance of the claim, and settlement negotiations and their outcome.

d) Provided that it is read to the person making the statement, the statement of a party, witness, court expert or specialist.

e) A summary of the acts performed outside the hearing.

f) What the documents submitted by the parties are.

g) The requests of the parties concerning the investigation and the matters which other laws require to be entered in the minutes.

ğ) Interim decisions and the operative part of the judgment.

h) The manner in which the decision or judgment was pronounced.

(4) Documents referred to in the minutes or stated to have been placed in the case file shall also be deemed annexes to the minutes.

(5) If the acts performed during the taking of evidence and the proceedings are recorded by technical means, this shall be established in minutes.

(1) The minutes shall be signed immediately by the judge and the court clerk.

(2) The fingerprint of a person who is unable to sign the minutes shall be taken, and it shall be stated to which finger it belongs. However, persons who have no fingers on their hands may use a seal or a special mark instead of a signature.

(1) Preliminary examination, evidentiary and adjudicative acts may be proven only by the minutes.

(1) The presence of a court clerk is mandatory in all acts to be performed in the presence of the judge, whether in court or outside the court.

(2) Where the court clerk is unable to perform his or her duty owing to legal or factual impediments and delay would be detrimental, another person may be assigned as court clerk, provided that such person is made to take an oath appropriate to the nature of the duty.

(1) Copies of the whole or part of the minutes shall be given, upon request, to the parties or to the secondary intervener. The seal of the court shall be affixed to these copies, and their conformity with the original shall be certified by the signature of the chief clerk of the court registry.

(2) Copies of documents that constitute annexes to the minutes and fall within the scope of a confidentiality decision may be given only with the permission of the judge.

(1) All petitions and documents relating to the action submitted to the court shall be placed in the case file by the court clerk after being referred to the judge or the chief clerk of the court registry.

(2) Where the case file needs to be sent to another official authority, the judge may, of the judge's own motion or upon request, decide that a certified copy of a document in the case file be sent instead of its original.

(1) The court clerk shall be obliged to prepare an index showing every document in the case file. Documents submitted to or removed from the case file shall be entered in this index immediately.

(1) The parties or the secondary intervener may examine the case file under the supervision of the court clerk. Persons having an interest in the action may also examine the case file, provided that they prove such interest and with the permission of the judge.

(2) The examination of documents and minutes that have been ordered to be kept confidential shall be subject to the express permission of the judge.

(1) The court clerk shall be responsible for giving the case file to the judge for examination before the proceedings and whenever necessary, and for taking it back in full and in due time.

(1) Actions filed before civil courts of the same level and capacity located within the same judicial district may, where there is a connection between them, be consolidated at any stage of the action, upon request or of the court's own motion, before the court where the first action was filed. Amended sentence: 16/7/2026, Law No. 7589, Art. 23 The court where the first action was filed shall be bound by the consolidation decision from the date on which it becomes final.

(2) If the actions have been filed before civil courts of the same level and capacity located in different judicial districts, consolidation on grounds of connection may be requested from the court where the second action was filed. The court where the first action was filed shall be bound by the decision accepting the request and consolidating the actions from the date on which that decision becomes final.

(3) The consolidation decision shall be notified immediately to the court where the first action was filed.

(4) A connection shall be deemed to exist where the actions arise from the same or similar grounds, or where the judgment to be rendered in one of them is of such a nature as to affect the other.

(5) It may also be decided, in accordance with this Article, that actions whose appellate review (istinaf) is to be conducted by different chambers be consolidated. In this case, the appellate review shall be conducted by the chamber of the regional court of appeal that reviews the decision concerning the principal legal relationship giving rise to the dispute in the consolidated actions.

(1) In order to ensure the proper conduct of the proceedings, the court may decide, at any stage of the action, upon request or of its own motion, to separate actions filed jointly or subsequently consolidated. In this case, the court shall continue to hear the actions ordered to be separated.

Amended: 16/7/2026, Law No. 7589, Art. 24

(1) Only an appeal (istinaf) may be lodged against a consolidation decision rendered in respect of actions pending before civil courts of the same level and capacity located within the same judicial district.

(2) An appeal (istinaf) against separation decisions rendered by courts of first instance, and an appeal on points of law (temyiz) against consolidation and separation decisions of regional courts of appeal, may be lodged only together with the judgment. However, this matter alone shall not constitute a ground for setting aside the judgment and examining the merits at the regional court of appeal, nor a ground for reversal at the Court of Cassation.

(1) The court may, of its own motion or upon request, decide on the interrogation (isticvap) of each of the parties.

(2) The interrogation shall concern the facts forming the basis of the action and matters related thereto.

(1) On behalf of legal persons, the persons having the power of representation shall be interrogated.

(2) In respect of a transaction carried out on behalf of a minor or a person under guardianship, that person's statutory representative shall be interrogated.

(3) In cases where minors or persons under guardianship are granted the right to bring an action in person, the provision of paragraph 2 shall not apply.

(1) A summons shall be sent personally to the person whose interrogation has been ordered, stating that the person must be present on the set day and time to be interrogated. The summons shall also indicate the facts that are the subject of the interrogation, and shall contain a warning that, if the party concerned fails to appear without a valid excuse, or appears but does not answer the questions, that party shall be deemed to have admitted the facts that are the subject of the interrogation.

(2) If the summoned party fails to appear without an excuse, or appears but leaves the questions unanswered, the facts asked by the court shall be deemed admitted.

(1) The person to be interrogated must appear in person. However, if the person to be interrogated resides outside the province where the court is located and interrogation at the place where the person is located by means of simultaneous audio and video transmission is not possible, the interrogation shall be carried out by way of letters rogatory (istinabe).

(2) If the person to be interrogated is unable to appear in court in person owing to illness, disability or similar reasons, that person shall be interrogated at the place where he or she is located.

(1) The person whose interrogation has been ordered shall be interrogated in person.

(2) Before commencing the interrogation, the judge shall remind the party being interrogated of the obligation to tell the truth.

(3) The opposing party and the attorneys of the parties may be present during the interrogation.

(4) The party being interrogated may not use written notes unless permitted by the court.

(1) Minutes shall be drawn up at the end of the interrogation. The explanations given by the party interrogated, the questions asked and the answers given shall be entered in the minutes. After the minutes are read in the presence of the parties, the party interrogated shall be made to sign them. If the party interrogated refuses to sign the minutes without showing a justified reason, this shall be established in minutes by the judge.

(1) The provisions of Articles 249, 250 and 259 to 263 concerning witness testimony shall also apply to interrogation insofar as they are not incompatible with its nature.

(1) Each of the parties may amend (ıslah), in part or in full, the procedural acts it has performed.

(2) In the same action, the parties may resort to amendment only once.

(1) Amendment may be made until the end of the taking of evidence.

(2) Added: 22/7/2020, Law No. 7251, Art. 18 When the case file is sent to the court of first instance after a reversal decision of the Court of Cassation or a setting-aside decision of the regional court of appeal, if the court of first instance performs an act relating to the taking of evidence, amendment may also be made until the taking of evidence ends. However, the legal situation arising from compliance with the reversal decision may not be eliminated.

(3) Amendment may be made orally or in writing. If the opposing party is not present at the hearing or if the request for amendment is made outside the hearing, this written request or a copy of the minutes shall be notified to the opposing party for information purposes.

(1) The party making the amendment shall, within one week, deposit with the court cashier's office the security determined by the judge to cover the costs of proceedings incurred for the procedural acts rendered invalid by reason of the amendment and the damage that the opposing party has suffered or may suffer. Otherwise, the amendment shall be deemed not to have been made.

(2) After the damage of the opposing party has been definitively established, if the amount deposited with the court cashier's office is insufficient, it shall be required to be made up; if it is in excess, the excess shall be refunded.

(1) Amendment shall result in all procedural acts being deemed not to have been performed, from the point to which the party making it extends it.

(2) However, an admission, witness statements, expert reports and statements, records of on-site inspection and of interrogation, and the tender, refusal or referral back of an oath, whether already administered or not yet administered provided that the opposing party has declared before the amendment that it would take the oath, cannot be rendered invalid by amendment.

(3) Nevertheless, if, according to the result of the investigation to be conducted after the amendment, it is not necessary to take these acts into consideration, they shall also be deemed not to have been performed.

(1) A party declaring that it has amended its action in its entirety shall submit a new statement of claim within one week of that declaration. Otherwise, the right of amendment shall be deemed to have been exercised and the action shall proceed as if no amendment had been made.

(1) A party resorting to partial amendment shall be granted a period of one week to perform the procedural act it has amended. If the amended act is not performed within this period, the action shall proceed as if no amendment had been made.

(1) If it is understood from evidence or indications that the amendment was made with bad-faith intentions, such as prolonging the action or harassing the opposing party, the court shall render its decision without taking the amendment into account. In addition, the judge shall order the party resorting to amendment in bad faith to pay all damage suffered by the opposing party as a result and shall impose on that party a disciplinary fine of five hundred Turkish Liras to five thousand Turkish Liras.

(1) Obvious clerical and calculation errors in the documents of the parties or of the court contained in the case file may be corrected until the decision is rendered. If the proceedings have been prolonged as a result of one of the parties correcting a clerical or calculation error, this circumstance shall also be taken into account in determining the costs of proceedings.

Division Seven

Investigation in Collegial Courts

Added: 22/7/2020, Law No. 7251, Art. 19

Added: 22/7/2020, Law No. 7251, Art. 19

(1) In actions and matters falling within the jurisdiction of a collegial court, including interim measures of legal protection such as the taking of evidence, precautionary attachment and interim injunction requested before or after the action is brought, all stages of the proceedings shall be carried out and decided by the panel.

(2) The panel may, without prejudice to the provisions of other laws, decide, depending on the nature of the matter or action, that the investigation be conducted by a member assigned as investigating judge.

(3) In matters or actions in which the investigation is conducted by the panel, the presiding judge of the court may assign one of the members as a delegated judge to perform certain specific acts of investigation.

(4) The presiding judge of the court shall ensure the harmonious, efficient and orderly functioning of the court and shall take the measures deemed appropriate to that end.

(1) After examining the claims and defences of the parties and the evidence collected, the judge shall give the floor to the parties present at the hearing so that they may make statements on the investigation as a whole.

(2) If, after the parties' statements on the investigation as a whole, the court finds that no matter requiring investigation remains, it shall pronounce to the parties that the investigation has ended.

(1) In collegial courts, if the judge assigned to conduct the investigation is of the opinion that the investigation has been completed, the judge shall hand over the file to the presiding judge of the court so that the parties may make statements on the action as a whole.

(2) If the collegial court considers it necessary for the truth to come to light, it may recall and hear the witnesses and the expert heard by the judge assigned for the investigation, and it may also decide that evidence indicated concerning the material facts of the action that could not be submitted to or obtained by the court be submitted or obtained. The panel may complete itself the investigation it finds incomplete or may assign it to one of the judges.

(3) If, after the parties' statements on the investigation as a whole, the collegial court finds that no matter requiring investigation remains, it shall pronounce that the investigation has ended.

(1) Amended: 22/7/2020, Law No. 7251, Art. 20 After pronouncing that the investigation has ended, the court shall proceed to the oral proceedings stage at the same hearing. In this case, upon the request of one of the parties, the hearing shall be adjourned for not less than two weeks. Whether present or not, no separate summons shall be sent to the parties for the oral proceedings.

(2) In the oral proceedings, the court shall ask the parties for their last words and render its judgment. Added sentence: 22/7/2020, Law No. 7251, Art. 20 However, the provision of Article 150 is reserved.

(1) The subject of proof consists of the disputed facts on which the parties have not agreed and which may be material to the resolution of the dispute, and evidence shall be indicated for the proof of these facts.

(2) Facts of common knowledge and admitted facts shall not be deemed disputed.

(1) Facts admitted by the parties or their attorneys before the court cease to be disputed and need not be proven.

(2) An admission may not be withdrawn unless it results from a material error.

(3) An admission made during settlement negotiations shall not bind the parties.

(1) The parties have the right to prove in accordance with the time limits and procedure specified in the law.

(2) Evidence obtained unlawfully may not be taken into account by the court in proving a fact.

(3) Matters which the law requires to be proven by specific evidence may not be proven by other evidence.

(4) The court shall decide whether the evidence indicated for proving a fact is admissible.

(1) Unless there is a special provision in the law, the burden of proof lies with the party that derives a right in its favour from the legal consequence attached to the alleged fact.

(2) A party relying on a legal presumption bears the burden of proof only with respect to the fact forming the basis of the presumption. Except for the exceptions provided for in the law, the opposing party may prove the contrary of the legal presumption.

(1) The other party may submit evidence that the allegation of the party bearing the burden of proof is not true. A party submitting evidence for the purpose of counter-proof shall not be deemed to have assumed the burden of proof.

(1) In cases where the law does not require proof by specific evidence, recourse may also be had to other evidence not regulated in the Code.

(1) The parties may, in writing or by signed declarations to be entered in the record before the court, agree that facts which the law requires to be proven by specific evidence be proven by other evidence, and may likewise accept that facts for which proof by specific evidence is not required be proven only by specific evidence.

(2) Evidence agreements that render the exercise of the right to prove of one of the parties impossible or extraordinarily difficult are invalid.

(1) The parties shall substantiate the facts on which they rely in a manner capable of proof.

(2) The parties are obliged to state clearly the evidence on which they rely and which evidence is indicated for the proof of which fact.

(1) For obtaining evidence not in the possession of the parties and whose examination has been decided, the court shall notify the relevant official authorities and bodies and third parties of this matter. Evidence that cannot be brought to the court may be examined or heard where it is located.

(1) A party that has indicated evidence may not waive reliance on that evidence without the express consent of the opposing party.

(1) Except in the cases specified in the law, evidence shall be examined before the court hearing the action, together as far as possible and at the same hearing. In cases of necessity, the examination of some evidence may be left to another hearing.

(2) Evidence located elsewhere that cannot be brought to the court may be collected at that place by way of letters rogatory (istinabe).

(3) During the examination of evidence or the hearing of statements, the parties may be present at the requested court and may exercise their right to make statements regarding the evidence. To ensure this, the parties shall be notified of the date and place of the examination. Even if the parties are not present at the requested court upon this notice, the evidence shall be examined or the statements heard.

(1) Except for statutory exceptions, the judge shall freely evaluate the evidence.

(1) Data such as written or printed texts, deeds, drawings, plans, sketches, photographs, films, image or sound recordings capable of proving the facts in dispute, as well as data in electronic form and similar information carriers, are documents under this Code.

(1) Legal transactions entered into for the purpose of the creation, extinguishment, transfer, modification, renewal, postponement, acknowledgement and discharge of a right must be proven by deed if their amount or value at the time they were entered into exceeds two thousand five hundred Turkish Liras. Even if the amount or value of these legal transactions falls below two thousand five hundred Turkish Liras for a reason such as payment or release from debt, they may not be proven without a deed.

(2) In matters which must be proven by deed under this Article, witnesses may be heard with the express consent of the opposing party given after being reminded of the provision in paragraph 1.

(1) Legal transactions asserted against any kind of claim based on a deed and which are of a nature to eliminate or reduce the effect and force of the deed may not be proven by witnesses, even if they concern an amount less than two thousand five hundred Turkish Liras.

(1) In cases where proof by deed is required, witnesses may be heard if there is a beginning of proof.

(2) A beginning of proof is a document which, although not sufficient to prove fully the legal transaction in question, makes that legal transaction appear probable and which has been issued or sent by the person against whom it is asserted or by that person's representative.

(1) Witnesses may be heard in the following cases:

a) Transactions between descendants and ascendants, siblings, spouses, father-in-law or mother-in-law and daughter-in-law or son-in-law.

b) Legal transactions which, by the nature of the matter and the circumstances of the parties, it has become established custom not to record in a deed.

c) Transactions made in circumstances in which it was impossible or extraordinarily difficult to obtain a deed, such as fire, shipwreck or earthquake.

ç) Allegations of defects of consent and of exploitation (gross disparity) in legal transactions.

d) Allegations by third parties of simulation against legal transactions and deeds.

e) The existence of evidence or indications strengthening the belief that a deed has been lost in any manner while in the hands of its holder due to an unforeseen event or force majeure, or while in the hands of an official to whom it was duly delivered, or at a notary's office.

(1) Judgments and notarial deeds drawn up in the form of execution (düzenleme şeklinde) shall be deemed conclusive evidence unless their forgery is proven.

(2) Deeds certified by notaries on the basis of the declarations of the persons concerned and documents duly drawn up by other competent officials within the scope of their duties shall be deemed conclusive evidence until the contrary is proven.

(3) If the court observes a circumstance raising doubt about one of the above documents, it may request an explanation from the relevant office.

(1) Private deeds acknowledged before the court or accepted by the court as originating from the person denying them shall be deemed conclusive evidence unless the contrary is proven.

(2) Electronic data duly created with a secure electronic signature shall have the force of a deed.

(3) The judge shall examine ex officio whether a document bearing an electronic signature submitted to the court as evidence has been created with a secure electronic signature.

(1) For documents containing legal transactions to be performed by persons who cannot sign because they cannot read and write, by using a seal, an instrument or a fingerprint, to have the character of a deed, they must be drawn up by notaries in the form of execution.

(2) Added: 22/7/2020, Law No. 7251, Art. 21 For documents containing legal transactions to be performed by persons who can read and write but cannot sign, by using a seal, an instrument or a fingerprint, to have the character of a deed, they must be certified or drawn up by notaries.

(3) In transactions of persons unable to sign with institutions that customarily operate with passbooks, it is sufficient that the seal, engraved signature, mark or fingerprint they will use has been impressed in the account book or passbook at the beginning of the transaction, or has been certified in advance at a notary with a specimen kept there; separate certification is not required for each transaction.

(4) No fee, tax or stamped paper charge shall be collected from the person concerned for deeds to be certified or drawn up by notaries within the framework of the above provisions.

(1) Insertions, erasures or deletions in a deed that have not been separately certified shall not be taken into account in the event of denial. If the court considers such insertions, erasures or deletions to be of a nature affecting the validity and meaning of the deed, the deed may be deemed partially or wholly void.

(1) If one of the parties wishes to deny the handwriting or signature on a document alleged to have been drawn up by that party, the party must allege forgery; otherwise, the document shall be used as evidence against that party.

(2) When the forgery of a document is alleged, the date on which the document was submitted to the court shall be written on it and it shall be sealed, and the court shall take the necessary measures for its safekeeping.

(3) A person alleging the forgery of a document may raise this as a preliminary issue in the same court or may also bring a separate action on this matter.

(4) The allegation of a party denying the handwriting or signature on an official deed may be examined and decided only in a separate action that party brings by also naming as a party the person who conferred official status on the relevant document. The judge hearing the main action shall, if necessary, grant the party denying the signature or handwriting a peremptory time limit of two weeks to bring an action on this matter.

(1) When the handwriting or signature on a private deed is denied, that deed may not be used as the basis for any act until a decision is rendered on this matter.

(2) When the handwriting or signature on official deeds is denied, the deed may not be used as the basis for any act only if the forgery of the handwriting or signature on the deed is established by a court decision.

(3) An interim injunction granted on the basis of a deed shall not be affected by the allegation of forgery concerning that deed, and where necessary the holder of the deed may request new measures for the protection of its rights.

(1) In the event of denial of data created with a secure electronic signature, if the judge has been unable to form an opinion after hearing the party denying the data, recourse shall be had to an expert examination.

(1) Where the forgery of a document is alleged, taking into account also the explanations of the opposing party on this matter, an examination shall be conducted in the following order and a decision shall be rendered with priority:

a) If the judge has been unable to form an opinion after interrogating the party denying the handwriting or signature, the judge shall evaluate the document obtained by having that person write and sign in the judge's presence and the other evidence. If the judge is in a position to decide on the forgery without the need for any further examination, the judge shall render a decision on the forgery of the deed, stating the reasons clearly. If the party summoned to the court for interrogation is not present on the specified day, that party shall be deemed to have admitted the handwriting or signature on the document it has denied; this shall be separately warned in the summons to be served on that party.

b) If, despite the examination conducted under subparagraph (a), the judge has not formed a definite opinion on the forgery, the judge shall order an expert examination. Before the expert examination, handwriting and signatures of that party suitable for comparison, if any, shall be obtained from the relevant places. The expert shall conduct the examination on the basis of these handwriting and signatures and of the handwriting and signatures obtained in that court. If the expert deems it necessary for the examination, the expert may request the court that the party write or sign again in the expert's presence.

(1) After the decision that a deed is forged has become final, the deed shall be cancelled by writing at the bottom of it that it is forged. In the case of official deeds, the original of the deed at the relevant office shall also be cancelled in this way.

(1) If the party whose allegation of forgery proves unjustified is in bad faith, that party shall be ordered to pay the hearing fee for each hearing adjourned for this reason and, upon request, to compensate the damage suffered by the other party for this reason.

(2) When the signature or handwriting on an official deed is denied, the above fee amount shall be applied twofold.

(3) If the parties withdraw their allegations of forgery before an expert examination is ordered, the judge may reduce the compensation or may not award compensation.

(1) After a decision of a civil court that a document is not forged has become final, an allegation of forgery concerning that document shall not be heard in a criminal court either.

(2) The fact that a criminal court has rendered a decision that there is no ground for imposing a penalty on the person who drew up the document, or a decision of acquittal, shall not prevent the civil court from examining the forgery of the document.

(1) Documents that may be used as evidence against a person shall also constitute evidence against that person's successors.

(2) Added: 22/7/2020, Law No. 7251, Art. 22 With respect to a private deed, if it has been duly certified by the notary or competent official to whom it was presented, the date of presentation; if it has become the subject of an official act, the date of that act; if one of the signatories has died, the date of death; and if it has become actually impossible for one of the signatories to sign, the date on which the event eliminating that possibility occurred, shall also have effect with respect to third parties. The dates of other deeds mentioned in a private deed shall have effect with respect to third parties only as of the date on which the date of the last deed is accepted as having been certified.

(1) In cases where only a copy of the document has been submitted to the court, the court may, of its own motion or upon the request of one of the parties, also request that the original of the document be submitted.

(2) The party, third party or official authorities holding the original of the document are obliged to submit it to the court if so requested.

(3) Where the original of the document is submitted, the court shall take the necessary measures for the safekeeping of the document or may return the document to the person who produced it, to be submitted again when requested.

(4) If one of the parties submits to the court the original of a document in its possession, it may request the return of that document. In this case, the judge shall decide whether the original of the document is to be returned. Where its return is decided, a copy certified as conforming to the original with the court seal and the signature of the chief clerk shall be placed in the file.

(1) When the original of a document held by a person or institution that must be delivered to the court is requested, the court of first instance (asliye mahkemesi) of the place where the person or institution is located or where the document is to be delivered shall certify a copy and send the original to the court or deliver it.

(2) A copy of a document certified by the court shall have the same effect as the original.

(1) Documents that are difficult or inconvenient to bring to the court shall be examined on site by the judge or by an expert to be assigned by the judge, or the copies of these documents submitted to the court shall be compared with their originals. At the end of the examination, a record shall be drawn up and, if deemed necessary, the original of the document shall be recorded by appropriate technical means.

(2) If the execution of the court's order to this effect is obstructed without a justified reason, the judge shall order the person causing the obstruction to pay the costs caused and shall impose a disciplinary fine of five hundred Turkish Liras to five thousand Turkish Liras. Where necessary, the use of force may also be ordered.

(1) The parties shall be obliged to submit to the court all documents in their possession on which they themselves or the opposing party rely as evidence. Electronic documents shall be submitted to the court by producing a printout of the document and, when requested, by recording it on an electronic medium in a form suitable for examination.

(2) In the case of documents in continuous use, such as commercial books, only certified copies of the relevant parts may be submitted to the court.

(1) Where the court is satisfied that the document whose submission is requested is essential for proving the matter asserted and that this request is lawful, and the opposing party has admitted that the document is in its possession or has remained silent upon the request made, or the existence of the document is established by an official record, or it is acknowledged in another document, the court shall grant a definitive time limit for the submission of that document.

(2) The court shall offer to the party who denies that the document whose submission is requested is in its possession an oath to the effect that no such document is in its possession, that it could not find it despite searching diligently, and that it does not know where it is.

(3) If the party ordered to submit the document fails to submit it within the time limit granted and fails, within the same time limit, to show an acceptable excuse for not submitting it together with its evidence, or denies that the document is in its possession and does not accept or take the oath offered, the court may, depending on the circumstances, accept the statement of the other party concerning the content of the document.

(1) If the court decides that a document in the possession of a third person or institution is essential for proving a matter asserted by the parties, it shall order the submission of that document.

(2) Everyone ordered to submit a document shall be obliged to submit the document in his or her possession or, if unable to submit the document, to explain the reason therefor together with the evidence. If the court does not find the explanation sufficient, it may hear that person as a witness.

(3) Those obliged to submit a document may refuse to submit the document or to testify on that matter in accordance with the provisions on refusal to testify. The provisions relating to witnesses shall apply to those who are obliged to submit a document or to testify on that matter.

(1) In commercial actions, the court may, of its own motion or upon the request of one of the parties, order the submission of the commercial books of the parties.

(2) In order for commercial books to be admissible as evidence in commercial actions, they must have been kept completely and duly in accordance with the law, their opening and closing certifications must have been obtained, and the entries in the books must corroborate one another.

(3) In order for entries in commercial books kept in accordance with the conditions specified in paragraph 2 to be admissible as evidence in favour of their owner and the owner's successors, the entries in the other party's commercial books kept in accordance with the same conditions must not contradict them, or the other party must have failed to submit its commercial books, or the contrary of the book entries must not have been proven by a written instrument or other conclusive evidence. Added sentence: 22/7/2020, Law No. 7251, Art. 23 Where the other party's commercial books kept in accordance with the conditions set out in paragraph 2 contain no entry whatsoever on the relevant matter, the commercial books may not be used as evidence in favour of their owner. The entries in books kept in accordance with these conditions that are in favour of and against their owner may not be separated from one another.

(4) Entries in commercial books that lack opening or closing certifications and whose entries do not corroborate one another shall constitute evidence against their owner.

(5) Even if one of the parties is not a merchant, that party may declare that it will accept the entries in the commercial books of the other party who is a merchant; however, if the opposing party avoids submitting its books, the party requesting the submission shall be deemed to have proven its claim.

(1) A party relying on a document written in a foreign language shall be obliged to also submit its translation to the court.

(2) The court may, of its own motion or upon the request of the other party, also require an official translation of the document.

(1) Official documents prepared by the authorities of a foreign state shall have that character in Türkiye only if they are certified by the competent authority of the state in which the document was issued or by the relevant Turkish consular authority.

(2) The provisions of international conventions to which Türkiye is a party concerning the certification of foreign official documents are reserved.

(1) The subject matter of an oath shall be facts that are material to the resolution of the action, that are disputed, and that originate from the person himself or herself. A person's knowledge of a matter shall be deemed a fact originating from that person.

(1) The following matters may not be the subject of an oath:

a) Facts over which the parties cannot freely dispose.

b) Cases where, by law, the declarations of intent of the two parties are not deemed sufficient for the validity of a transaction.

c) Facts that would affect the honour and dignity of the person who is to take the oath or that would expose that person to a criminal investigation or prosecution.

(1) Even a party who has declared that it has evidence other than an oath for proving the disputed fact may offer an oath.

(2) After the person to whom the oath has been offered has declared that he or she is ready to take the oath, the other party may not withdraw the offer and rely on other evidence, nor may it adduce new evidence.

(1) If the person to whom the oath has been offered is not personally present at the hearing, a summons to take the oath shall be issued to him or her.

(2) The summons to take the oath shall state the questions to be asked concerning the matters subject to the oath, and that if, without a valid excuse, he or she does not personally appear before the court on the day and at the time set for the oath, or appears but does not refer the oath back, or refuses to take the oath, he or she shall be deemed to have admitted the facts that are the subject of the oath.

(1) If the person summoned to take the oath, without a valid excuse, is not personally present in court on the day and at the time set, or is present but does not refer the oath back or refuses to take the oath, he or she shall be deemed to have admitted the facts that are the subject of the oath.

(2) If the person to whom the oath has been referred back refuses to take the oath, the fact that is the subject of the oath shall be deemed not proven.

(1) If the fact constituting the subject of the oath originates not from both parties but solely from the person of the party to whom the oath has been offered, the oath may not be referred back.

(1) If the party who is to take the oath is a natural person and dies or loses capacity to act before taking the oath, the oath shall be deemed not to have been offered.

(1) The oath shall be offered to a party and shall be taken or referred back by that party.

(2) If one of the parties is a legal person or a minor or a person under guardianship, the oath for proving a fact relating to a transaction carried out on their behalf may be taken or referred back by the person or organ authorised to represent the legal person or by the statutory representative.

(3) In cases where minors or persons under guardianship are granted the right to bring an action personally, the provision of paragraph 2 shall not apply.

(1) The oath shall be taken before the court.

(2) Before the oath is administered, the judge shall explain to the person who is to take the oath the matter on which he or she will swear, shall explain the meaning and importance of the oath, and shall draw his or her attention to the fact that he or she will be punished in the event of swearing falsely.

(3) If the person who is to take the oath asserts that the subject of the oath is not sufficiently clear, the judge shall, after obtaining the opinion of the opposing party, immediately decide on the matter.

(4) The judge then asks: "Do you swear on your honour, your dignity and all the beliefs and values you hold sacred that you will answer the questions put to you truthfully and that you will conceal nothing?" The oath shall be deemed taken when that person says: "I swear on my honour, my dignity and all the beliefs and values I hold sacred that I will answer the questions put to me truthfully and that I will conceal nothing."

(5) While the oath is being taken, everyone present, including the judge, shall stand up.

(1) Deaf or mute persons who can read and write shall take the oath by writing and signing their statements concerning the oath.

(2) Deaf or mute persons who cannot read and write shall take the oath through an expert who understands their signs.

(1) If the person who is to take the oath is too ill or disabled to come to the court, the judge shall administer the oath to that person at the place where he or she is. During this, the parties' attorneys and the opposing party may also be present if they so wish.

(1) A person residing outside the jurisdictional area of the court shall be obliged to come to the court hearing the action to take the oath. However, if the person who is to take the oath resides outside the province where the court is located and it is not possible to administer the oath at the place where he or she is by means of simultaneous transmission of sound and image, the oath shall be administered by way of letters rogatory.

(1) In order to complete incomplete points or to clarify unclear matters, the judge may ask the person taking the oath questions which the judge considers connected with the subject of the oath.

(1) The judge shall hear the statement of the person taking the oath, record it in the minutes and read aloud what has been written in that person's presence; the judge shall ask whether he or she maintains the statement and shall record the answer given in the minutes.

(1) After the oath has been taken, a criminal action brought on account of false oath may not be made a preliminary question with respect to the main action.

(1) Persons who are not parties to the action may be named as witnesses.

(2) The party naming witnesses shall submit to the court a list containing the fact on which it wishes the witnesses to be heard and the names, surnames and addresses suitable for service of the witnesses whose hearing is requested. Persons not named in this list may not be heard as witnesses, and a second list may not be submitted.

(3) If no address is given in the witness list or the witness cannot be found at the address given, the party shall be granted a definitive time limit appropriate to the nature of the matter to provide an address. If no address is provided within this time limit or the new address provided is also incorrect, the hearing of that witness shall be deemed waived.

(1) If the court obtains sufficient information on the matter sought to be proven through the testimony of some of the witnesses named, it may decide not to hear the remaining witnesses.

(1) Public officials, even if they have left their posts, may not be heard as witnesses on matters which they were obliged to keep secret by virtue of their duties, unless there is written permission from the official authority to which the secret belongs. This permission shall be given, for members of parliament, by the Grand National Assembly of Türkiye; for Vice Presidents and ministers, by the President of the Republic; and for others, by the minister or the head of the institution to which they are attached.

(2) Permission may not be refused unless the testimony is found to be contrary to the public interest.

(3) This permission shall be requested in writing upon a decision of the court, and once permission is given, the witness shall be summoned and heard.

(1) A witness shall be called by summons. However, a witness brought by the parties without a summons being sent shall also be heard. Provided that, in cases where a definitive time limit has been granted for the witness list and the date of hearing has been set, even if no list has been submitted, the witnesses shall be heard if the party brings them to that hearing.

(2) The summons must have been served at least one week before the hearing day. In urgent cases, it may be decided that the witness shall appear earlier.

(3) Where necessary, a witness may also be summoned by making use of means such as telephone, fax or electronic mail. However, in such case, the consequences attached to failure to appear despite the summons shall not apply.

(1) In the summons to be sent to witnesses, the following:

a) The name, surname and full address of the witness,

b) The names and surnames of the parties,

c) The subject on which the witness will testify,

ç) The place, day and time at which the witness must be present,

d) The legal and criminal consequences of failing to appear, or of refusing to testify or to take the oath despite appearing,

e) That a fee will be paid in accordance with the tariff prepared by the Ministry of Justice,

shall be stated.

(1) Without prejudice to the provisions set out in the law, everyone called to testify shall be obliged to appear. A witness who fails to appear without giving an excuse despite having been duly called shall be brought by compulsion, and shall be ordered to pay the expenses caused by the failure to appear and a disciplinary fine of up to five hundred Turkish Liras. If a witness brought by compulsion subsequently reports reasons justifying the earlier failure to appear, the expenses and the disciplinary fine imposed against him or her shall be lifted.

(1) In cases deemed necessary, the judge may, instead of hearing the witness orally, decide to send the witness a questionnaire so that the witness reports his or her answers in writing within a time limit to be determined. Proceeding in this manner shall not prevent the judge from assessing whether the answer given by the witness is sufficient for the judgment. If the written answers given are insufficient, the judge may summon the witness to be heard.

(1) In the cases expressly specified in the law, a person who has been called as a witness may refuse to testify.

(2) Where grounds for refusing to testify for personal reasons exist, the judge shall remind the person called as a witness in advance that he or she has the right to refuse.

(1) The following persons may refuse to testify:

a) The fiancé or fiancée of either of the two parties.

b) The spouse of either of the two parties, even if the marriage bond has ended.

c) The descendants or ascendants of the witness or of the witness's spouse.

ç) Those who have an adoptive relationship with one of the parties.

d) Blood relatives up to and including the third degree, or relatives by marriage up to and including the third degree even if the marriage bond creating that relationship has ended.

e) The foster family and their children, and the child placed under protection.

(1) Persons whose testimony is sought concerning information that must be protected as a secret by law may refuse to testify on those matters. However, without prejudice to the provision of the Attorneyship Law No. 1136 dated 19/3/1969, if the holder of the secret permits the disclosure of the secret, those persons may not refuse to testify.

(1) Testimony may be refused in the following cases:

a) If the witness's statement would directly cause pecuniary damage to the witness or to one of the persons listed in Article 248.

b) If the witness's statement would violate the honour or reputation of the witness or of one of the persons listed in Article 248, or would give rise to a criminal investigation or prosecution.

c) If the witness's statement would lead to the disclosure of secrets pertaining to his or her profession or craft.

(1) In the cases under Articles 248 and 249 and subparagraph (a) of Article 250;

a) By a person who was present as a witness during the performance of a legal transaction, concerning the substance and content of that transaction,

b) Concerning events arising from the birth, death or marriage of family members,

c) Concerning facts relating to financial disputes between family members arising from family relations,

ç) Concerning acts performed by the witness personally as the legal predecessor or representative of one of the parties,

testimony may not be refused.

(1) A person who refuses to testify shall be obliged to state the ground for refusal and the evidence justifying that ground, in writing before the day on which he or she is to be heard, or orally at the hearing to which he or she has been summoned.

(2) A witness who has stated the grounds for refusal and their basis in advance shall not be obliged to appear before the court on the set day.

(3) The court shall decide whether the refusal to testify is justified after hearing the parties present at the hearing.

(1) If a witness refuses to testify without showing a legal ground, does not take the oath, or refuses to testify despite the ground shown not having been accepted by the court, the witness shall be ordered to pay a disciplinary fine of five hundred to five thousand Turkish Liras and the expenses arising therefrom, and the proceedings shall be adjourned to another day for the witness to be heard again.

(2) If the witness persists in not answering the questions put to him or her or in not taking the oath, that court shall sentence the witness to disciplinary imprisonment not exceeding two weeks.

(1) At the hearing, the witness shall first be asked his or her name, surname, date of birth, profession and address, whether he or she is related to or otherwise close to the parties, and whether there is any circumstance that may affect the credibility of his or her testimony.

(1) If there are grounds giving rise to doubt as to the truthfulness of the witness's testimony, such as the witness having an interest in the action, either of the two parties may allege and prove this.

(1) Before being heard, the following shall be explained to the witness:

a) The importance of telling the truth,

b) That he or she will be punished for the offence of false testimony if he or she does not tell the truth,

c) That he or she will take an oath to tell the truth,

ç) That he or she may not leave the courtroom during the hearing without the express permission of the presiding judge or the judge, and may, if necessary, be confronted with other witnesses,

as set out above.

(1) The following persons shall be heard without oath:

a) Those who have not completed the age of fifteen at the time they are heard.

b) Those lacking the capacity of discernment to such a degree that they cannot comprehend the nature and importance of the oath.

(1) The oath shall be taken before the witness is heard.

(2) While the oath is being taken, everyone present, including the judge, shall stand up.

(3) The judge asks the witness: "Do you swear on your honour, your dignity and all the beliefs and values you hold sacred that the answers you will give to the questions to be put to you in your capacity as a witness will not be contrary to the truth and that you will conceal nothing of what you know?" The oath shall be deemed taken when the witness replies: "I swear on my honour, my dignity and all the beliefs and values I hold sacred that I will answer the questions to be put to me truthfully, concealing nothing."

(1) Witnesses shall be heard in the court hearing the action.

(2) If necessary for the truth to come to light, the court may decide that the witness be heard at the place where the event took place or where the thing is located.

(3) The court shall hear a witness who is unable to come owing to illness or disability at the place where the witness is.

(4) It may be decided that a witness located outside the jurisdictional area of the court be heard by the court of the place where the witness is located. Where it is decided that a witness be heard by way of letters rogatory, the place, day and time at which the witness will be heard shall be notified to the parties upon their request. In this case, the judge shall determine the matters on which the witness will be heard.

(1) Before the witness is heard, the judge shall inform the witness about the event on which he or she will testify and shall ask him or her to state what he or she knows concerning the matters on which he or she will testify.

(1) Witnesses shall be heard separately by the judge, and while one is being heard, those not yet heard may not be present in the courtroom. Witnesses shall be confronted with one another when necessary.

(2) The witness shall state orally what he or she knows and shall be heard without interruption. During the hearing, the witness may not use written notes. Provided that, if the witness tells the judge that he or she needs to consult his or her writings in order to establish dates and figures or to explain or recall certain matters, the judge may immediately allow the witness to consult his or her writings or decide that the witness be heard again at a hearing to be determined.

(3) After the witness has finished speaking, the judge may also ask further questions for the purpose of clarifying or completing the matters stated.

(4) In a panel court, the presiding judge shall permit each of the judges to put questions directly to the witness.

(5) The witness's statements shall be recorded in the minutes and read out in his or her presence, and the witness shall be made to sign the bottom of the minutes.

(1) The parties are prohibited from interrupting the witness or praising or insulting the witness by word or gesture. If the party or its attorney acting contrary to this continues such conduct despite the judge's warning, action shall be taken pursuant to Article 79 or 151.

(1) If the witness does not know Turkish, the witness shall be heard through an interpreter.

(2) If the witness is deaf and mute and can read and write, the questions shall be communicated to him or her in writing and his or her answers shall be taken down in writing; if he or she cannot read and write, the judge shall hear the witness with the assistance of an expert who understands sign language.

(1) If the judge obtains sufficient evidence or indications that a witness has lied while testifying or has testified in return for securing a benefit, the judge shall draw up a record and shall immediately send that record to the Chief Public Prosecutor's Office.

(2) The judge may also order the pre-trial detention of the witness and, if any, of the accomplices in the offence, and shall refer them to the Chief Public Prosecutor's Office for prosecution.

(1) A witness summoned by the court shall be paid a fee proportionate to the time lost, in accordance with the tariff prepared each year by the Ministry of Justice. If the witness had to travel in order to attend, travel expenses and the accommodation and subsistence expenses at the place to which the witness was summoned to testify shall also be covered.

(2) The fees and expenses payable under paragraph 1 shall not be subject to any tax, duty or fee.

(1) In cases whose resolution requires special or technical knowledge outside the law, the court shall, upon the request of one of the parties or of its own motion, decide that the vote and opinion of an expert be obtained. Amended sentence: 3/11/2016, Law No. 6754, Art. 49 However, recourse to an expert may not be had on matters that can be resolved by general knowledge or experience or by the legal knowledge required by the judicial profession. Added sentence: 3/11/2016, Law No. 6754, Art. 49 Persons who have received a legal education may not be appointed as experts unless they document that they have a separate expertise outside the field of law.

(1) The court may appoint only one person as expert. However, it is also possible, provided that the reasons are clearly stated, to appoint as expert a panel consisting of an odd number of more than one person.

Amended: 3/11/2016, Law No. 6754, Art. 50

(1) Experts shall be selected from among the persons included in the list prepared by the regional expert board on the basis of the judicial districts of the regional courts of appeal. However, where, although there is an expert in the relevant field of expertise in the list of its own region, an expert in another region is located closer to the place where the appointment is made, an appointment may also be made from that list.

(2) Where there is no expert in the field of expertise to be consulted in the list prepared by the regional board, an expert may be appointed from the lists of the other regional boards; and where there is none there either, an expert may be appointed from outside the lists, provided that such person also meets the conditions set out in paragraph 1 of Article 10 of the Expert Witness Law, excluding subparagraphs (d), (e) and (f) thereof. Experts appointed from outside the lists shall be notified to the regional board.

(3) Persons and organisations that the laws oblige to give opinions shall be consulted as experts with priority on the matters for which they are assigned. However, public officials may not be assigned as experts in actions and matters relating to the institutions to which they are attached.

(1) The duty of an expert comprises complying with the summons issued by the court and being present in court on the designated day and at the designated time, taking the oath, and communicating to the court, within the time limit, his or her vote and opinion on the matter on which he or she is consulted.

(2) The disciplinary provisions relating to witnesses shall apply to experts who, without a valid excuse, do not comply with the summons issued by the court and are not present in court on the designated day and at the designated time, or who come to court but refrain from taking the oath or from communicating their vote and opinion within the time limit, and the situation shall be notified to the regional expert board.

(1) The persons or organisations listed below are obliged to accept the duty of expert:

a) Official experts and those included in the lists specified in Article 268.

b) Those who cannot practise their profession or craft without knowing the subject on which they are to be consulted.

c) Those officially authorised to practise a profession or art in relation to the subject on which they are to be consulted.

(2) These persons may refrain from acting as experts only on the grounds for refusing to testify or on another ground acceptable to the court.

(1) Experts appointed from among the persons registered in the lists shall be sworn in before the regional expert board or the provincial judicial justice commission of the place where they are located, by having them repeat the words: “I swear upon my honour, my dignity and all the beliefs and values I hold sacred that I shall perform my duty as an expert with loyalty and care, in accordance with science and art, and in an impartial and objective manner.” These experts shall not be sworn in again in each action or matter to which they are assigned; it shall only be recalled in the letter of appointment that the experts are obliged to give their vote and opinion in adherence to the oath they have previously taken.

(2) Where experts are appointed from among persons not registered in the lists, they shall be sworn in, in the manner specified in paragraph 1, by the appointing court, in its presence, before commencing their duty. The record of the oath shall be signed by the judge, the court clerk and the expert.

(1) The rules on the grounds of disqualification and challenge relating to judges shall also apply to experts. However, the fact that the expert has previously been heard as a witness in the same action or matter shall not constitute a ground for challenge.

(2) Where one of the grounds of disqualification relating to judges exists in the person of the expert, the court may at any time until judgment is rendered remove the expert from the assignment of its own motion, and the expert may also request the court to be removed from the assignment.

(3) Where one of the grounds for challenge exists in the person of the expert, the parties may request the challenge of the expert, and the expert may also recuse himself or herself. The request for challenge or the self-recusal of the expert must be made at the latest within one week from the time the ground for challenge became known. An oath may not be proposed to prove the grounds for challenge.

(4) A request for removal, challenge or self-recusal of the expert shall be examined on the case file and decided by the court that appointed the expert. Decisions accepting the request are final. Decisions rejecting the request may be appealed only together with the decision on the merits.

(1) In its decision on the appointment of an expert, which the court shall make after also obtaining the opinion of the parties, the court is obliged to include the following matters:

a) A clear determination of the subject of examination with all its limits.

b) The questions the expert must answer.

c) The time limit for submitting the report.

(2) The things the expert is to examine shall be delivered to the expert as an annex to the letter of appointment, attached to an inventory list and, if necessary, in sealed form; and this matter shall also be indicated in the record.

(1) The time limit to be granted for the preparation of the expert report may not exceed three months. Upon the request of the expert, the court that appointed the expert may, stating its reasons, extend the time limit by no more than three months. Added sentence: 28/2/2018, Law No. 7101, Art. 56 However, in actions and matters subject to the simple trial procedure, these time limits shall apply as two months.

(2) An expert who does not submit his or her report within the specified time limit may be removed from the assignment and another person may be appointed as expert in his or her place. In this case, the court shall request the removed expert to give an account of the acts he or she has performed until the time of removal, and shall also ask the expert to immediately deposit with the court the file and its annexes that were delivered to the expert, attached to an inventory list, for examination by reason of the assignment. Amended last sentence: 3/11/2016, Law No. 6754, Art. 53 In addition, without prejudice to the provisions on his or her civil and criminal liability, it may be decided that no payment be made to the expert under the heading of fee or expenses, and the regional expert board shall be requested, with reasons stated, to apply the necessary sanctions.

(1) The expert consulted shall notify the appointing court within one week that the assigned duty does not fall within his or her field of expertise, that he or she needs to cooperate with another expert having specialist status in order to clarify and establish the material facts that are the subject of examination, or of his or her excuse that would justify refusing to accept the duty.

(2) If, in order to carry out the examination, the expert needs certain matters to be investigated and established in advance and certain records and documents to be obtained, he or she shall inform the court that appointed him or her within one week and make a request for this to be provided.

(1) The expert is obliged to perform in person the duty assigned to him or her by the court and may not leave the performance of that duty, in part or in whole, to another person.

(1) The expert is obliged to keep the secrets that he or she learns by reason of the assignment or while performing it, and to refrain from using them for his or her own benefit or that of others.

(1) The expert shall carry out his or her duty under the direction and management of the court.

(2) If the expert is in doubt as to the scope or limits of the assignment, he or she may at any time ask the court to remove that doubt.

(3) If needed while carrying out the examination, the expert may, provided that the court also finds it appropriate, consult the knowledge of the parties. In cases where the knowledge of one of the parties is to be consulted, the court shall remind the expert in advance that one of the parties may not be heard in the absence of the other.

(4) If it is necessary for the expert to examine something in order to give his or her vote and opinion, the expert may carry out the necessary examination by decision of the court. The parties may also be present during the performance of this act.

(1) The court shall decide whether the expert is to communicate his or her vote and opinion in writing or orally.

(2) The report must contain the names and surnames of the parties, the matters for which the expert was appointed, the material facts observed and examined, the reasoning and the conclusions reached, the reason for any difference of opinion among the experts, the date of preparation, and the signatures of the expert or experts. An expert in the minority may also submit his or her vote and opinion to the court in a separate report.

(3) If the court decides that the expert is to explain his or her vote and opinion orally, the expert's explanations shall be entered in the record and the expert's signature shall also be obtained at the bottom of the record. Where a panel has been appointed, the experts shall be given the opportunity to deliberate immediately among themselves on the matter on which they are consulted, and the vote and opinion declared as a result of the deliberation shall be established in a record; the bottom of the record shall be signed by the experts.

(4) Amended: 3/11/2016, Law No. 6754, Art. 54 In the report and during oral explanations, the expert may not make statements on matters other than those whose resolution requires expertise, special or technical knowledge; the expert may not make legal characterisations and assessments that must be made by the judge.

(1) The expert shall submit the report to the court together with the things, if any, delivered to him or her for examination, attached to an inventory list; the date of submission shall be written on the report and a copy shall be served on each party before the hearing day.

(1) The parties may, within two weeks from the date of service of the expert report on them, request the court to have the expert complete the matters they consider missing in the report, to have the expert provide explanations on matters showing ambiguity, or to appoint a new expert. Added sentence: 22/7/2020, Law No. 7251, Art. 24 Where it is very difficult or impossible to prepare the request against the expert report within this time limit, or where it requires special or technical work, the party applying to the court likewise within this time limit may be granted an additional time limit, starting to run from the expiry of the time limit, once only and not exceeding two weeks.

(2) In order to have the deficiency or ambiguity in the expert report completed or clarified, the court may obtain a supplementary report from the expert by formulating new questions, and may also, of its own motion, ask the expert to make oral explanations at a hearing it shall schedule.

(3) If the court deems it necessary for the truth to emerge, it may also have a new examination carried out through a newly appointed expert.

(1) The judge shall freely assess the vote and opinion of the expert together with the other evidence.

(1) The expert shall be paid a fee proportionate to the labour and time spent, together with examination, transport, accommodation and other expenses. In this respect, the tariff to be issued and updated each year by the Ministry of Justice shall be taken as the basis.

(1) The expert is a public official within the meaning of the Turkish Penal Code.

(1) Persons who have suffered damage because a report contrary to the truth, prepared by the expert intentionally or through gross negligence, was taken by the court as the basis for its judgment may bring an action for compensation against the State for the reparation of that damage.

(2) The State shall have recourse against the responsible expert for the compensation it has paid.

(1) The action for compensation to be brought against the State shall be heard, in cases where the expert report contrary to the truth was taken as the basis for the judgment by a court of first instance, by the civil chamber of the regional court of appeal within whose judicial district that court is located; and in cases where it was taken as the basis for the judgment by the regional court of appeal, by the relevant civil chamber of the Court of Cassation.

(2) The recourse action to be brought by the State against the responsible expert shall be heard by the court that decided the action for compensation.

(1) The State shall have recourse against the responsible expert for the compensation it has paid within one year from the date of payment. If the expert report taken as the basis for the judgment was intentionally prepared contrary to the truth, the criminal limitation period shall apply in that case.

(1) The judge may order an on-site inspection for the purpose of acquiring knowledge of the subject of the dispute by personally examining it with the aid of the sense organs where it is located or in court. Where necessary, the judge shall have recourse to the assistance of an expert.

(2) The decision on on-site inspection shall be taken by the court, up to the oral proceedings, upon the request of one of the parties or of its own motion.

(1) The on-site inspection shall be carried out by the court hearing the action. If the subject of the inspection is outside the judicial district of the court, the examination shall be carried out by way of letters rogatory (istinabe).

(2) If the subject of the inspection is within the boundaries of a metropolitan municipality, the examination may also be carried out by the court hearing the action.

(1) The place, scope and time of the on-site inspection shall be determined by the court. The on-site inspection shall be carried out in the presence of the parties if they are present, and otherwise in their absence.

(2) The court may hear witnesses and experts during the on-site inspection. During the on-site inspection, a record containing all acts performed and statements made shall be drawn up. Added sentence: 22/7/2020, Law No. 7251, Art. 25 The judge's observations concerning the subject and locality of the on-site inspection shall also be written in the record. Documents such as plans, drawings and photographs shall also be annexed to the record.

(3) The court may also have a re-enactment carried out in order to establish how an event may have taken place.

(1) The parties and third persons are obliged to comply with the requirements of the decision on on-site inspection and to refrain from obstructive attitudes and conduct.

(2) Where one of the parties resists the carrying out of the on-site inspection, if that person is the party bearing the burden of proof, he or she shall be deemed to have waived this evidence; if he or she is the other party, he or she shall be deemed to have admitted the alleged fact. However, the judge may refrain from applying this provision depending on the circumstances and the reason for the resistance.

(3) The on-site inspection shall be carried out at a time convenient for the third person. The time and place of the on-site inspection shall be notified to the third person. In cases where damage is expected from delay, the on-site inspection shall be carried out without notification. In the event of resistance to the on-site inspection, the judge shall order the third person to pay the expenses caused by the resistance and a disciplinary fine of five hundred Turkish Liras to five thousand Turkish Liras; and may, where necessary, order the use of force. However, the third person may avoid the obligation to submit to the on-site inspection by relying on the grounds for refusing to testify.

(1) Provided that it is necessary for the resolution of the dispute and consistent with scientific data, and furthermore that it does not pose a danger to health, everyone is obliged to submit to the taking of blood or tissue from his or her body for the purpose of establishing descent (soybağı). In the event of non-compliance with this obligation without a justified reason, the judge shall order that the examination be carried out by the use of force.

(2) A third person may not avoid this obligation by asserting that he or she has the right to refuse to testify.

(1) The parties may obtain a scientific opinion from a specialist regarding the event that is the subject of the action. An additional time limit may not be requested solely for this reason.

(2) The judge may, upon request or of his or her own motion, decide that the specialist from whom a report was obtained be summoned and heard. At the hearing to which the specialist is summoned, the judge and the parties may ask the necessary questions.

(3) If the specialist does not attend the hearing to which he or she is summoned without a valid excuse, the report he or she has prepared shall not be subject to assessment by the court.

(1) The court shall terminate the action by a final decision on procedure or on the merits. The final decision rendered on the merits of the dispute at the end of the proceedings is the judgment.

(2) The judgment shall be rendered and pronounced at the hearing at which the proceedings are concluded.

(3) The pronouncement of the judgment shall in all cases be made by entering the operative part of the judgment in the hearing record and reading it out.

(4) In cases where, for compelling reasons, only the operative part of the judgment is pronounced, the reasoned decision must be written within one month starting from the date of pronouncement.

(5) Those present at the hearing shall listen to the pronouncement of the judgment standing.

(6) The provisions relating to the judgment shall also apply to final decisions on procedure, unless contrary to their nature.

(1) The judgment shall be prepared through secret deliberation and shall be pronounced publicly.

(2) The judgment shall be rendered by the judge or judges present at the hearing at which the conclusion of the proceedings was announced. Deliberation on the judgment may not take place unless all the judges who may render the judgment in this manner are present.

(3) If, during the deliberation on the judgment, a judge who was present at the hearing at which the conclusion of the proceedings was announced is not present, the deliberation shall be held and the judgment rendered after the oral statements of the parties are heard again, if deemed necessary.

(1) In collegiate courts, the deliberation on the judgment shall be directed by the presiding judge of the court. After the deliberation, the presiding judge shall take the vote of each member separately, starting with the most junior member participating in the deliberation, and shall declare his or her own vote last.

(2) The judgment may also be rendered by majority vote.

(1) The judgment shall be rendered “In the Name of the Turkish Nation” and, after this phrase, shall contain the following matters:

a) The court rendering the judgment and the names, surnames and registry numbers of the judge or judges and the court clerk, and, if the court serves in various capacities, in which capacity the judgment was rendered.

b) The identities and Republic of Türkiye identity numbers of the parties and of those intervening in the action, and, if any, the names, surnames and addresses of their statutory representatives and attorneys.

c) A summary of the claims and defences of the parties, the matters on which they agree and disagree, the evidence gathered regarding the disputed facts, the discussion and assessment of the evidence, the facts found to be established, and the conclusions and legal grounds drawn therefrom.

ç) The operative part of the judgment, the costs of proceedings and the refund of the unspent portion of the advance collected from the parties, and, if any, the legal remedies and the time limit therefor.

d) The date on which the judgment was rendered and the signatures of the judge or judges and the court clerk.

e) The date on which the reasoned decision was written.

(2) In the operative part of the judgment, without repeating any wording belonging to the reasoning, the judgment rendered on each of the claims and the obligations imposed on and rights granted to the parties must be set out under sequence numbers, in a clear manner that does not give rise to doubt or hesitation.

(1) The judgment shall be written by the judge who rendered it or, in panel courts, by the presiding judge or by a member chosen by the presiding judge from among the judges who participated in the judgment.

(2) The reasoned decision may not contradict the operative part of the judgment pronounced.

(3) The dissenting opinion shall also be included in the judgment together with its reasons.

(4) The judgment shall be signed by the judge or judges who rendered it and by the court clerk.

(1) If, after the operative part of the judgment has been pronounced and before the reasoned decision is signed, the judge dies or becomes unable to sign for any reason, the new judge shall personally write the reasoned decision in conformity with the judgment pronounced and sign it. Where such a situation arises in panel courts, the judgment shall be signed by the other judges, and the presiding judge or the most senior judge shall write beneath the judgment the reason why the other judge was unable to sign, and sign it.

(1) The judgment bearing the signatures of the judges who participated in it and of the court clerk, and the seal of the court, shall be preserved in the archives.

(1) After the judgment has been written, signed and sealed with the court seal, copies shall be given by the chief clerk to each of the parties against receipt, and one copy shall also be served on the other party without delay. One copy of the judgment shall also be kept in its case file.

(2) The copy of the judgment given to each of the parties is the official judgment document (ilam).

(3) Where the copies of the judgment held by the parties differ, the one in the decision register shall prevail.

(1) The parties may obtain the official judgment document at any time, irrespective of whether its fee has been paid.

(2) Non-payment of the remaining decision and judgment document fee shall not prevent the service of the judgment, its enforcement proceedings or recourse to legal remedies.

(3) Provisions of other laws, including Fees Law No. 492 dated 2/7/1964, that are contrary to this Article shall not apply.

(4) The finality of the judgment shall be indicated by writing it beneath or on the reverse of the official judgment document, affixing the date and the court seal, and having it signed by the presiding judge or the judge.

(5) Added: 20/7/2017, Law No. 7035, Art. 27 The annotation of finality for decisions that have become final after passing through legal remedies, and the notifications necessary for the execution of decisions so annotated, shall also be made by the court of first instance.

(1) For a judgment that has become formally final in one action to constitute res judicata in the substantive sense in another action, the parties to both actions, the causes of action, and the operative part of the judgment in the first action and the relief sought in the second action must be the same.

(2) A judgment constitutes res judicata only with respect to those claims asserted in the action or counterclaim that have been adjudicated.

(3) Res judicata is also binding on the universal successors of the parties.

(4) Res judicata arising from an action is also binding on persons who, after that judgment has become final, acquire ownership of the subject matter of the action from one of the parties or acquire a limited real right or derivative possession over the subject matter of the action. However, the provisions of the Turkish Civil Code on acquisition of property in good faith are reserved.

(5) Res judicata arising between one or more of several jointly and severally liable debtors and the creditor, or between one or more of several joint and several creditors and the debtor, shall not be binding on the others.

(1) Clerical and calculation errors and other similar obvious errors in the judgment may be corrected by the court of its own motion or upon the request of one of the parties. If the judgment has been served, the judge may not correct the error without hearing the parties. If the parties do not appear upon summons, a decision may be made by examining the case file.

(2) Where a correction decision is rendered, the decision concerning the corrected matters shall be written beneath the copies held at the court and the copies issued, or on a separate sheet to be attached to them, and shall be signed and sealed.

(1) If the judgment is not sufficiently clear, or gives rise to doubt in its enforcement, or contains mutually contradictory provisions, each of the parties may, until its enforcement is completed, request the clarification of the judgment or the removal of the doubt or contradiction.

(2) The rights granted to and obligations imposed on the parties in the operative part of the judgment may not be restricted, extended or altered by way of clarification.

Added: 22/7/2020, Law No. 7251, Art. 27

(1) Each of the parties may, within one month from the service of the final decision, request that a supplementary decision be rendered on matters on which no decision, in whole or in part, has been made although they were asserted in the proceedings or ought to have been included in the judgment ex officio. Legal remedies may be sought against this decision.

(1) Clarification or supplementation may be requested from the court that rendered the judgment by a petition accompanied by as many copies as there are parties. One copy of the petition shall be served on the opposing party, with a time limit for response determined by the court. The response shall be served on the party who requested clarification or supplementation.

(2) The court shall decide by examining the case file even if no response has been submitted; however, if it deems it necessary, it may summon both parties to make oral statements.

(3) If the court finds the request for clarification or supplementation justified, it shall proceed in accordance with Article 304.

(1) Waiver is the claimant's abandonment of the relief sought, in part or in whole.

(1) Acceptance is the defendant's consent, in part or in whole, to the relief sought by the claimant.

(2) Acceptance produces effect only in actions over which the parties may freely dispose.

(1) Waiver and acceptance shall be made by petition or orally during the proceedings.

(2) The effectiveness of waiver and acceptance is not subject to the consent of the opposing party or of the court.

(3) In case of partial waiver or acceptance, the waived or accepted portion must be clearly indicated in the petition or in the record.

(4) Waiver and acceptance must be unconditional and unreserved.

(1) Waiver and acceptance may be made at any time until the judgment becomes final.

(2) Added: 22/7/2020, Law No. 7251, Art. 29 If waiver or acceptance is made after the judgment has been rendered, the case file shall not be sent for review on legal remedies even if the parties have applied for legal remedies, and the court of first instance or the regional court of appeal shall render a supplementary decision in line with the waiver or acceptance.

(3) Added: 22/7/2020, Law No. 7251, Art. 29 If waiver or acceptance is made after the case file has been sent for appellate review on points of law, the Court of Cassation shall, without conducting the appellate review, send the case file to the court that rendered the judgment for a supplementary decision to be rendered on the waiver or acceptance.

(1) Waiver and acceptance produce legal consequences like res judicata. In cases of defects of consent, annulment of the waiver or acceptance may be requested.

(1) The party making a statement of waiver or acceptance shall be ordered to pay the costs of proceedings as if a judgment had been rendered against it in the action. If the waiver or acceptance relates only to part of the relief sought, the order for costs of proceedings shall be determined accordingly.

(2) If the defendant did not, by its own conduct and behaviour, give rise to the filing of the action and accepted the relief sought by the claimant at the first hearing of the proceedings, it shall not be ordered to pay the costs of proceedings.

(1) A settlement is a contract made by the parties before the court in a pending action for the purpose of terminating the dispute between them in part or in whole.

(2) A settlement may be made only in actions concerning disputes over which the parties may freely dispose.

(3) Matters falling outside the subject matter of the action may also be included within the scope of the settlement.

(4) A settlement may also be made subject to a condition.

(1) A settlement may be made at any time until the judgment becomes final.

(2) Added: 22/7/2020, Law No. 7251, Art. 30 If a settlement is made after the judgment has been rendered, the case file shall not be sent for review on legal remedies even if the parties have applied for legal remedies, and the court of first instance or the regional court of appeal shall render a supplementary decision in line with the settlement.

(3) Added: 22/7/2020, Law No. 7251, Art. 30 If a settlement is made after the case file has been sent for appellate review on points of law, the Court of Cassation shall, without conducting the appellate review, send the case file to the court that rendered the judgment for a supplementary decision to be rendered on the settlement.

(1) A settlement terminates the action to which it relates and produces legal consequences like res judicata. If the parties request that a decision be rendered in accordance with the settlement, the court shall decide in accordance with the settlement agreement; if they do not so request, it shall decide that there is no need to render a decision.

(2) In cases of defects of consent or excessive advantage (exploitation), annulment of the settlement may be requested.

(1) The simple procedure shall apply, apart from the cases expressly specified in laws, in the following cases:

a) Actions and matters falling within the jurisdiction of civil courts of peace.

b) Actions and matters in which the law grants the court discretion to decide directly on the case file.

c) Requests for interim legal protection such as interim injunctions, precautionary attachment and preservation of evidence, requests for the taking of maritime reports and the appointment of an average adjuster (dispacheur), and objections made against them.

ç) All kinds of maintenance actions, and actions and matters relating to custody and guardianship.

d) Actions arising from service (employment) relationships.

e) Actions to be brought concerning concordat and the restructuring of capital companies or cooperatives by way of composition.

f) Actions and matters falling within the jurisdiction of the court under the provisions on arbitration.

g) Actions and matters specified in other laws as being subject to rules of procedure other than the written procedure.

(1) An action shall be brought and responded to by petition.

(2) The time limit for response is two weeks from the service of the statement of claim on the defendant. However, in situations where, according to the circumstances and conditions, preparing the statement of defence within this period is very difficult or impossible, the court may grant the defendant who applies to the court within this same period an additional period, starting from the expiry of the time limit for response, on a one-time basis and not exceeding two weeks. The decision on the request for an additional response period shall be notified to the parties forthwith.

(3) The parties may not submit a reply or a rejoinder.

(4) Statements of claim and statements of defence may also be submitted by filling in the form to be determined by regulation.

(1) The parties shall, together with their petitions, clearly state all their evidence, also indicating which fact each item of evidence is intended to prove; attach to their petitions the evidence in their possession; and include in their petitions the information enabling the documents and files to be obtained from elsewhere to be located.

(1) The prohibition on extending or altering the claim begins with the filing of the action; the prohibition on extending or altering the defence begins with the submission of the statement of defence to the court.

(1) Where possible, the court shall decide on the case file without summoning the parties to a hearing.

(2) In cases where a decision could not be rendered earlier, the court shall, at the first hearing, hear the parties on the procedural conditions of the action, preliminary objections, the peremptory period and limitation; thereafter it shall determine one by one, within the framework of the parties' claims and defences, the matters on which they agree and disagree. After determining the matters in dispute, the judge shall encourage the parties to settlement or mediation. Whether or not the parties have settled and, if they have not, what the matters on which they disagree consist of, shall be written in the record; the record shall be signed at the bottom by the parties present. The investigation shall be conducted on the basis of this record.

(3) The court shall complete the hearing of the parties, the examination of evidence and the investigation procedures in two hearings, excluding the hearing referred to in the paragraph above. The interval between hearings may not exceed one month. In compelling circumstances, such as the prolongation of an expert examination owing to the nature of the case or the conduct of investigation procedures by way of letters rogatory, the judge may, stating reasons, set a hearing date beyond one month and hold more than two hearings.

(4) In actions subject to the simple procedure, if a case file which was ordered to be removed from the docket is left unpursued after its renewal, the action shall be deemed not to have been filed.

(1) After the completion of the investigation, the court shall take the final statements of the parties and, declaring that the proceedings have ended, pronounce its decision. No separate time limit shall be granted to the parties to make statements.

(2) The pronouncement of the decision takes place by the court's announcement of all matters relating to the judgment together with their reasons. However, in compelling cases, the judge may pronounce the decision by having only a summary of the judgment entered in the record, also entering in the record the reason for doing so. In this case, the reasoned decision must be written and sent for service within one month at the latest.

(1) In cases where there is no provision on the simple procedure in this Code or in other laws, the provisions relating to the written procedure shall apply.

(2) In cases where a sale must be made for partition and the dissolution of co-ownership, the judge shall assign an officer for the sale. The sale of movable and immovable property shall be made in accordance with the provisions of the Enforcement and Bankruptcy Law.

(1) The costs of proceedings are as follows:

a) Application, decision and judgment document fees.

b) Service and postal expenses incurred in connection with the action.

c) File and other document expenses.

ç) Expenses relating to interim legal protection measures and to the drawing up of protests, notices, formal notices and powers of attorney.

d) Expenses of on-site inspection.

e) Fees and expenses paid to witnesses and experts.

f) Fees, taxes, charges and other expenses paid for documents obtained from public offices.

g) In actions not pursued through an attorney, the amount determined by the judge in respect of the daily allowance, travel and accommodation expenses of the parties for the days on which they were present; and the daily allowance, travel and accommodation expenses to be determined for a party who, although represented by an attorney, is summoned by the court to be heard in person, to be interrogated or to take an oath.

ğ) In actions pursued through an attorney, the attorney's fee to be determined in accordance with the law.

h) Other expenses incurred during the proceedings.

(1) Each of the parties shall deposit, within the peremptory time limit granted, the advance determined by the court for the evidence whose production it has requested. If the parties have jointly requested the production of the same evidence, they shall pay the necessary expense as an advance in equal halves.

(2) If one of the parties fails to fulfil its advance obligation, the other party may deposit that advance. Otherwise, the production of the requested evidence shall be deemed to have been abandoned.

(3) The provisions concerning actions and matters over which the parties may not freely dispose are reserved.

(1) In actions and matters over which the parties may not freely dispose, it shall be decided that the expenses required for evidence resorted to by the judge of his or her own motion be paid within a period of one week by one of the parties or by both in a proportion to be specified. If an advance sufficient to cover the expenses of these procedures is not deposited within the specified period, it shall be ordered that they be paid from the Treasury, to be recovered later from the party who is required to pay this expense.

(1) Except in cases provided for by law, it shall be decided that the costs of proceedings be collected from the party against whom judgment is rendered.

(2) If each of the two parties is partially successful in the action, the court shall apportion the costs of proceedings according to the proportion in which each party has prevailed.

(3) If there is more than one party against whom judgment is rendered, the court may apportion the costs of proceedings among them or may decide that they are jointly and severally liable.

(1) A party who has unnecessarily caused the prolongation of the action or the incurring of expenses may, even if the decision in the action is rendered in its favour, be ordered to pay all or part of the costs of proceedings other than the decision and judgment document fee.

(2) If a person, although not having standing in the action, misleads the claimant into believing that the standing as defendant belongs to him or her and thus causes an action to be brought against him or her, then where the action is dismissed for lack of standing, no costs of proceedings may be awarded in favour of the defendant.

(1) A person taking part in the action as an accessory intervener shall be held liable only for the expenses of the accessory intervention if the party on whose side he or she joined is unsuccessful; otherwise, these expenses shall be borne by the other party. However, even if the judgment is rendered in favour of the party joined by the third person, if the conduct and behaviour of the party in whose favour judgment was rendered necessitated the third person's joining the action, all or part of the intervention expenses may be imposed on the party in whose favour judgment was rendered.

(1) A defendant acting in bad faith, or a party bringing an action despite having no right whatsoever, may be ordered to pay, in addition to the costs of proceedings, all or part of the attorney's fee agreed between the other party and its attorney. In the event of a dispute over the amount of the attorney's fee, or if the court finds the amount excessive, this amount shall be determined directly by the court.

(2) A defendant acting in bad faith, or a party bringing an action despite having no right whatsoever, may in addition be ordered to pay a disciplinary fine of five hundred Turkish Liras to five thousand Turkish Liras. If these situations were caused by the attorney, the disciplinary fine shall be imposed on the attorney.

(1) In actions pursued through an attorney, the attorney's fee to be determined by the court in accordance with the law shall be awarded in favour of the party.

(1) In cases where there is no need to render a decision on the merits of the action because the action has become devoid of subject matter, the judge shall determine and award the costs of proceedings according to how far the parties were justified as at the date on which the action was filed.

(2) If, following a decision of lack of subject-matter jurisdiction or lack of territorial jurisdiction, the action is continued before another court, that court shall rule on the costs of proceedings. If, following a decision of lack of subject-matter jurisdiction or lack of territorial jurisdiction, the action is not continued before another court, the court before which the action was filed shall, upon request, establish this situation on the case file and order the claimant to pay the costs of proceedings.

(3) In cases where it is decided that the action shall be deemed not to have been filed, the costs of proceedings shall be borne by the claimant.

(1) The costs of proceedings shall be awarded by the court of its own motion.

(2) The costs of proceedings, their amount, the party on whom and the proportion in which they are imposed, and their itemised breakdown shall be shown beneath the judgment.

(3) Which party shall pay the costs of proceedings incurred after the judgment, their amount and itemised breakdown, and the party on whom these expenses shall be imposed, shall be written by the court beneath the official judgment document.

(1) After the judgment becomes final, the court shall of its own motion decide on the refund of the unused portion of the advance deposited. The service expense of this decision shall be covered from the advance to be refunded.

(1) Persons who are unable to pay, in part or in whole, the necessary costs of proceedings or enforcement proceedings without significantly impairing their own livelihood and that of their family may benefit from legal aid in their claims and defences, in their requests for interim legal protection and in enforcement proceedings, provided that their requests are not manifestly unfounded.

(2) Annulled by Constitutional Court decision of 24/9/2024, E. 2024/78, K. 2024/164

(3) The ability of foreigners to benefit from legal aid is additionally subject to the condition of reciprocity.

(1) A legal aid decision provides the person concerned with the following:

a) Temporary exemption from all costs of proceedings and enforcement proceedings to be incurred.

b) Exemption from providing security for the costs of proceedings and enforcement proceedings.

c) Payment by the State, as an advance, of all expenses required to be incurred during the action and the enforcement proceedings.

ç) If the action needs to be pursued through an attorney, the provision of an attorney whose fee is to be paid subsequently.

(2) The court may also decide that the applicant shall benefit from only some of the matters set out in the subparagraphs above.

(3) Legal aid shall continue until the judgment becomes final.

(1) Legal aid shall be requested from the court that will decide on the main claim or the matter; in enforcement and bankruptcy proceedings, it shall be requested from the enforcement court at the place where the proceedings are to be conducted.

(2) The person making the request shall submit to the court, together with a summary of his or her claim, the evidence on which the claim will be based and documents concerning his or her financial situation showing that he or she is not in a position to meet the costs of proceedings.

(3) When applying for legal remedies, the request for legal aid shall be made to the regional court of appeal or to the Court of Cassation.

(4) Documents relating to a request for legal aid shall be exempt from all fees (duties) and taxes.

(1) The court may decide on a request for legal aid without holding a hearing. Added sentence: 11/4/2013, Law No. 6459, Art. 23 However, upon request, the examination shall be conducted with a hearing. Added sentence: 11/4/2013, Law No. 6459, Art. 23 In court decisions rejecting requests for legal aid, the reason for not accepting the information and documents submitted shall be clearly stated.

(2) Amended: 11/4/2013, Law No. 6459, Art. 23 Decisions rejecting a request for legal aid may be objected to by submitting a petition to the court that rendered the decision within two weeks from service thereof. The court whose decision is objected to shall send the file for examination of the objection: where the civil court before which the request for legal aid was made has more than one chamber at that place, to the chamber that follows it in number, and for the last-numbered chamber, to the first chamber; where the civil court before which the request for legal aid was made has a single chamber at that place, to the nearest court competent to hear the same matters. The decision rendered upon examination of the objection shall be final. If the request for legal aid is rejected, a new request may be made on the basis of a serious subsequent decrease in ability to pay.

(3) Legal aid shall not cover costs of proceedings incurred previously.

(1) If it emerges that the person benefiting from legal aid has, intentionally or as a result of gross fault, given false information about his or her financial situation, or if it is subsequently understood that his or her financial situation has sufficiently improved, the legal aid decision shall be revoked.

(1) All costs of proceedings deferred on account of the legal aid decision and the advances paid by the State shall be collected, at the end of the action or proceedings, from the person who is found to be in the wrong. Where the person benefiting from legal aid is found to be in the wrong, it may be decided, if deemed appropriate, that the costs of proceedings be paid in equal monthly instalments within a maximum of one year.

(2) Added: 11/4/2013, Law No. 6459, Art. 24 If it is clearly understood by the court that collecting the costs of proceedings paid by the State or exempted on account of the legal aid decision would cause hardship to the person benefiting from legal aid, the court may decide in the judgment that such person be wholly or partially exempted from payment.

(1) The fee of the attorney appointed by the bar association upon the request of the court for the person benefiting from legal aid shall be paid from the Treasury as costs of proceedings.

(1) Amended: 22/7/2020, Law No. 7251, Art. 34 An appeal (istinaf) may be filed against the following decisions of the courts of first instance:

a) Final decisions.

b) Decisions rejecting requests for interim injunctions and precautionary attachments, interim injunction and precautionary attachment decisions rendered in the presence of the opposing party, and decisions rendered upon objection to interim injunction and precautionary attachment decisions rendered in the absence of the opposing party.

(2) Decisions concerning property actions whose amount or value does not exceed three thousand Turkish Liras shall be final. Added sentence: 24/11/2016, Law No. 6763, Art. 41 However, an appeal may be filed against decisions rendered in actions for non-pecuniary damages, regardless of the amount or value.

(3) Where only part of a receivable has been sued for, the finality threshold of three thousand Turkish Liras shall be determined according to the entire receivable.

(4) Where the entire receivable has been sued for, the party whose main claim, in the part not accepted in the decision, does not exceed three thousand Turkish Liras may not file an appeal.

(5) An application may be made to the regional courts of appeal against final decisions of the courts of first instance concerning actions and matters falling within the jurisdiction of the regional courts of appeal, in respect of which other laws provide that they may be appealed on points of law or that an application may be made to the Court of Cassation.

(1) An appeal shall be filed by petition, and as many copies as there are opposing parties shall be attached to the petition.

(2) The appeal petition shall contain the following:

a) The capacities in the action, names, surnames, Republic of Türkiye identity numbers and addresses of the appellant and the opposing party.

b) The names, surnames and addresses of the statutory representatives and attorneys, if any.

c) The court by which the decision was rendered, and the date and number of the decision.

ç) The date on which the decision was served on the appellant.

d) A summary of the decision.

e) The grounds of appeal and the reasoning.

f) The relief sought.

g) The signature of the appellant or, if any, of the statutory representative or attorney.

(3) Where the appeal petition bears the identity and signature of the appellant and entries sufficiently identifying the decision appealed against, it shall not be rejected even if the other particulars are missing, and the necessary examination shall be conducted within the framework of Article 355.

(1) The appeal petition may be submitted to the court that rendered the decision or to the court of another place. The court to which the appeal petition is submitted shall record it in the regional court of appeal application register, and a receipt shall be given to the appellant free of charge.

(2) An appeal petition submitted to a court other than the court that rendered the decision shall, after that court has proceeded in accordance with the preceding paragraph, be sent together with its copies to the court that rendered the decision. This circumstance shall be notified to that court forthwith.

(3) As regards the date of filing the appeal, the provision of Article 118 shall apply.

(4) The file shall be sent by the court that rendered the decision to the relevant regional court of appeal, without being bound by the chamber indicated in the appeal petition.

(1) When the appeal petition is submitted, all costs, including the fees (duties) and service costs required for applying for the appeal remedy, shall be paid. If it is subsequently understood that these have not been paid at all or have been paid incompletely, the appellant shall be notified in writing that they must be completed within a final time limit of one week to be granted by the court that rendered the decision, failing which the appellant shall be deemed to have withdrawn the application. If the fees and costs are not completed within the final time limit granted, the court shall decide that the application be deemed not to have been made. Where an appeal is filed against this decision, the provision of paragraph 2 of Article 346 shall apply by analogy.

(1) The time limit for filing an appeal is two weeks. This time limit shall begin to run upon due service of the judgment on each of the parties. Provisions of special laws concerning the time limit for filing an appeal are reserved.

(1) If the appeal petition is submitted after the statutory time limit has expired or concerns a final decision, the court that rendered the decision shall decide to reject the appeal petition and shall, of its own motion, serve the rejection decision on the person concerned, covering the cost from the costs deposited under Article 344.

(2) An appeal may be filed against this rejection decision within two weeks from the date of its service. Where an appeal is filed and the necessary costs are also deposited, the file shall be sent by the court that rendered the decision to the competent regional court of appeal. If the relevant chamber of the regional court of appeal does not find the decision rejecting the appeal petition justified, it shall conduct the necessary examination on the basis of the first appeal petition.

(1) The appeal petition shall be served on the opposing party by the court that rendered the decision.

(2) The opposing party may, within two weeks from service, submit a reply petition to the court that rendered the decision or to the court of another place for forwarding to that court.

(3) The court that rendered the decision shall, after the petitions have been submitted or the time limits set for them have expired, send the file, attached to an index list, to the relevant regional court of appeal.

(1) The party on whom the appeal petition has been served may, even if it has no right to apply or has missed the time limit for application, file an appeal by means of its reply petition. The party who originally filed the appeal may reply thereto within two weeks.

(2) If the appellant waives this request, or if the request is rejected by the regional court of appeal without examination of the merits, the request of the party applying by way of cross-appeal shall also be rejected.

(1) The parties may not waive the right to file an appeal before the judgment is served on them.

(2) If the right is waived after the application has been made, the file shall not be sent to the regional court of appeal, and the court that rendered the decision shall decide to reject the application. If the file has been sent to the regional court of appeal and has not yet been decided, the application shall be rejected on account of the waiver.

(1) Filing an appeal shall not stay the enforcement of the decision. The provision of Article 36 of the Enforcement and Bankruptcy Law concerning the stay of enforcement is reserved. A stay of enforcement may not be ordered in respect of maintenance decisions.

(2) Decisions concerning the law of persons, family law and rights in rem relating to immovable property may not be enforced unless they have become final.

(1) If it is understood that the appeal has been filed in bad faith, the provisions of Article 329 shall be applied by the regional court of appeal.

Amended: 20/7/2017, Law No. 7035, Art. 28

(1) If, at the end of the preliminary examination to be conducted on the file by the civil chamber of the regional court of appeal, one of the following circumstances is established, the necessary decision shall be rendered as a priority:

a) The examination being required to be conducted by another chamber or another regional court of appeal

b) The decision being final

c) The application not having been made within the time limit

ç) The application requirements not having been fulfilled

d) The grounds of appeal or the reasoning not having been indicated at all

(2) The preliminary examination shall be conducted by the panel or by a member to be assigned, and at the end of the preliminary examination the decision shall be rendered by the panel.

(3) A file found to have no deficiencies shall be taken up for examination.

(1) If, at the end of the preliminary examination, it is understood that there are no deficiencies in the file;

a) In the following circumstances, the regional court of appeal shall, without examining the merits and without holding a hearing, decide with finality to set aside the decision and to send the file, for the action to be heard anew, to the court that rendered the decision, or to another court within its own judicial district that it deems appropriate, or to the court having jurisdiction and venue:

1) The decision having been rendered by a judge who was prohibited from hearing the action.

2) The action having been heard by a judge who was challenged despite a justified request for challenge having been raised.

3) The court having rendered a decision of lack of jurisdiction or lack of venue although it had jurisdiction and venue, or having heard the action although it lacked jurisdiction or venue (…)

4) There being a breach of other conditions of action.

5) The court having decided, contrary to procedure, that the action or the counterclaim be deemed not to have been filed, or that actions be joined or separated, (…).

6) Amended: 22/7/2020, Law No. 7251, Art. 35 The court having failed to collect or assess important evidence to an extent that may affect the resolution of the dispute, or having failed to render a decision on a significant part of the claim.

b) In the following circumstances, with respect to the merits of the action;

1) Where it is understood that the court decision examined is lawful in terms of procedure or merits, the application shall be rejected on the merits,

2) Where there is no deficiency in the proceedings but an error has been made in applying the law to the facts and there is no need for a retrial, or where an error has been made in the reasoning of the decision, a new decision on the merits shall be rendered by correcting it,

3) Where the deficiencies in the proceedings are of a nature that can be remedied without holding a hearing, after they have been remedied, the application shall be rejected on the merits or a new decision on the merits shall be rendered,

the decision being rendered without holding a hearing.

(1) The examination by the civil chamber of the regional court of appeal shall be conducted, depending on the nature of the action, by the panel or by a member to be assigned.

(2) Where necessary during the examination, another regional court of appeal or a court of first instance may be requested to act by letters rogatory.

(1) The examination shall be limited to the grounds stated in the appeal petition. However, if the regional court of appeal finds a breach of public order, it shall take this into account of its own motion.

(1) Except in the circumstances specified in Article 353, the examination shall be conducted with a hearing. In this case, the hearing date shall be served on the parties.

(2) Added: 22/7/2020, Law No. 7251, Art. 36 At the end of the hearing, the regional court of appeal shall render the necessary decisions, including rejecting the appeal on the merits or setting aside the judgment of the court of first instance and rendering a new judgment.

(1) Before the civil chambers of the regional courts of appeal, no counterclaim may be filed, no request to intervene in the action may be made, no amendment of the action and, without prejudice to the provision of paragraph 1 of Article 166, no joinder of actions may be requested; claims and defences not raised before the court of first instance may not be heard, except for those to be taken into account by the regional court of appeal of its own motion, and no new evidence may be relied upon.

(2) No agreement on venue may be concluded with respect to the regional courts of appeal.

(3) Evidence that was duly indicated before the court of first instance but was rejected without examination, or that could not be indicated due to force majeure, may be examined by the regional court of appeal.

(1) In the summonses issued to the parties in matters examined with a hearing, it shall be clearly stated that, if they are not present at the hearing, the inquiry shall be conducted in their absence and a decision shall be rendered; and in the summons to be issued to the appellant, it shall additionally be clearly stated that the appellant must deposit, as an advance, the costs determined by the regional court of appeal in connection with the inquiry to be conducted, within a final time limit of not less than two weeks to be granted.

(2) If the appellant notifies that he or she was unable to attend the hearing relying on an acceptable excuse, a new hearing date shall be set and notified to the parties.

(3) Amended: 22/7/2020, Law No. 7251, Art. 37 Provided that the determined costs have been deposited within the final time limit granted, if the parties do not attend the hearing without an excuse, the inquiry shall be conducted in their absence and a decision shall be rendered. If the determined costs are not deposited within the time limit, a decision shall be rendered on the basis of the current state of the file. However, in cases where it is not possible to render a decision without conducting the envisaged inquiry, the application shall be rejected.

(1) The decision shall contain the following:

a) The civil chamber of the regional court of appeal that rendered the decision, and the names, surnames and registration numbers of the presiding judge, the members and the court clerk.

b) The identities and Republic of Türkiye identity numbers of the parties and of those who intervened in the action before the court of first instance, and the names, surnames and addresses of the statutory representatives and attorneys, if any.

c) A summary of the claims and defences of the parties.

ç) A summary of the decision of the court of first instance.

d) The grounds of appeal raised.

e) The matters in dispute or not in dispute between the parties and the discussion of the related evidence, the reasons for rejecting or preferring evidence, the facts found established, the conclusion drawn from them and the legal grounds.

f) The operative part of the judgment and, if any, the legal remedy and its time limit.

g) The date on which the decision was rendered, and the signatures of the presiding judge, the members and the court clerk.

ğ) The date on which the reasoned decision was written.

(2) In the operative part of the judgment, without repeating any statement belonging to the reasoning, the judgment rendered on each of the claims, and the obligations imposed on and the rights granted to the parties, shall be set out under serial numbers, clearly and in a manner that does not give rise to doubt or hesitation.

(3) Added: 22/7/2020, Law No. 7251, Art. 38 In a decision rejecting the application on the merits, the regional court of appeal may confine itself to stating the reasoning on the conformity of the decision with the rules of law, provided that it summarises the grounds of appeal raised and explains the reasons for rejection.

(4) Added: 20/7/2017, Law No. 7035, Art. 30 Decisions that are not subject to appeal on points of law shall be served of the court's own motion by the court of first instance; decisions that are subject to appeal on points of law shall be served of the court's own motion by the regional court of appeal.

(1) In cases where there is no provision to the contrary in this Chapter, the rules of procedure applied before the court of first instance shall also apply before the regional court of appeal.

(1) An appeal on points of law (temyiz) may be filed, within two weeks from the date of service, against final decisions of the civil chambers of the regional courts of appeal that are subject to appeal on points of law, and against decisions rendered upon requests for the annulment of arbitral awards.

(2) The party who prevailed in the action may also file an appeal on points of law, provided that it has a legal interest.

(1) No appeal on points of law may be filed against the following decisions of the regional courts of appeal:

a) Decisions concerning actions whose amount or value does not exceed forty thousand Turkish Liras (this amount included).

b) Decisions concerning the actions specified in Article 4, excluding actions for receivables arising from a lease relationship that are subject to appeal on points of law by virtue of their amount or value and other actions arising from a lease relationship in which three months' rent exceeds the threshold for appeal on points of law, and decisions concerning actions which special laws specify as falling within the jurisdiction of the civil court of peace (excluding actions arising from Condominium Law No. 634 dated 23/6/1965 and relating to the immovable property itself).

c) Amended: 22/7/2020, Law No. 7251, Art. 39 Decisions rendered on the jurisdiction and venue of the courts of first instance within its judicial district, and decisions concerning the determination of the competent forum.

ç) Decisions rendered in non-contentious matters.

d) Decisions concerning actions for the correction of civil registry records, excluding actions that give rise to consequences relating to descent.

e) Decisions concerning the transfer of an action to another court within that judicial district where legal or factual impediments arise preventing the judges of the courts of first instance within the judicial district from hearing the action.

f) Decisions rendered on interim legal protection measures.

g) Added: 22/7/2020, Law No. 7251, Art. 39 Decisions rendered within the scope of subparagraph (a) of paragraph 1 of Article 353.

(2) In decisions under subparagraph (a) of paragraph 1, where only part of a receivable has been sued for, the finality threshold of forty thousand Turkish Liras shall be determined according to the entire receivable. Where the entire receivable has been sued for, the party whose main claim, in the part not accepted in the decision, does not exceed forty thousand Turkish Liras has no right to appeal on points of law. However, if the opposing party files an appeal on points of law, the other party may also appeal the decision on points of law by means of the reply petition it prepares.

(3) Added: 16/7/2026, Law No. 7589, Art. 25 Where, as a result of the examination conducted by the regional court of appeal, the appeal is accepted in part or in whole and a new decision on the merits is rendered, an appeal on points of law may be filed if the accepted or rejected part of that decision exceeds, by its amount or value, the monetary threshold set out in paragraph 2 of Article 341. However;

a) Where the difference between the new decision on the merits rendered by the regional court of appeal, which by its amount or value falls below the threshold for appeal on points of law specified in paragraph 1, and the decision of the court of first instance does not exceed, by its amount or value, the monetary threshold specified in paragraph 2 of Article 341, no appeal on points of law may be filed against that decision.

b) Where the new decision on the merits rendered by the regional court of appeal, which by its amount or value falls below the threshold for appeal on points of law specified in paragraph 1, relates solely to costs of proceedings or attorney's fees, no appeal on points of law may be filed against that decision.

(1) Amended: 20/7/2017, Law No. 7035, Art. 33 An appeal on points of law in the interest of the law shall be filed by the Ministry of Justice or the Chief Public Prosecutor's Office of the Court of Cassation, on the ground that they are contrary to the law in force, against decisions rendered with finality by the courts of first instance and their decisions that have become final without undergoing appellate (istinaf) review, and against decisions rendered with finality by the civil chambers of the regional courts of appeal acting as courts of first instance and decisions rendered by them in that capacity that have become final without undergoing review on points of law.

(2) If the Court of Cassation finds the request for appeal on points of law justified, the decision shall be reversed in the interest of the law. This reversal shall not remove the legal consequences of the decision.

(3) A copy of the reversal decision shall be sent to the Ministry of Justice and shall be published in the Official Gazette by the Ministry.

(1) An appeal on points of law shall be lodged by petition, and as many copies as there are opposing parties shall be attached to the petition.

(2) The petition of appeal on points of law shall contain the following:

a) The capacities in the action, the names, surnames, Republic of Türkiye identity numbers and addresses of the appellant and the opposing party.

b) The names, surnames and addresses of their statutory representatives and attorneys, if any.

c) The civil chamber of the regional court of appeal by which the appealed decision was rendered, and its date and number.

ç) Where the decision is a new decision rendered by the court of first instance in conformity with a reversal decision of the Court of Cassation, or, in an appeal against a decision of insistence, the decision of insistence, the court to which it belongs, and its date and number.

d) The date on which the judgment was served on the appellant.

e) A summary of the decision.

f) The grounds of appeal and their reasoning.

g) Where a hearing is requested, that request.

ğ) The signature of the appellant or, if any, of the statutory representative or attorney.

(3) Where the petition of appeal on points of law bears the identity and signature of the appellant and entries sufficient to identify the appealed decision, it shall not be rejected and the appellate review shall be carried out even if the other requirements are not met.

(1) The petition of appeal on points of law may be submitted to the civil chamber of the regional court of appeal that rendered the decision, or to the court of first instance that rendered judgment following a reversal by the Court of Cassation, or to the civil chamber of the regional court of appeal or the court of first instance of the place where the appellant is located.

(2) If the petition of appeal on points of law has been submitted to a court other than the court that rendered the decision, it shall be recorded in the appeal register and the court whose decision is appealed shall be notified of the situation forthwith.

(3) The appellant shall be given a receipt free of charge.

(1) The provisions of Articles 343 to 349 and 352 of this Code concerning the appeal (istinaf) shall also apply by analogy to appeals on points of law.

(1) An appeal on points of law shall not stay the enforcement of the decision. The provision of Article 36 of the Enforcement and Bankruptcy Law concerning the stay of enforcement is reserved. A stay of enforcement may not be ordered in respect of maintenance decisions.

(2) Decisions relating to the law of persons, family law and rights in rem concerning immovable property may not be enforced unless they have become final.

(1) If it is understood that the request for appeal on points of law was made in bad faith, the provisions of Article 329 shall be applied by the Court of Cassation.

(1) The Court of Cassation shall not be bound by the grounds of appeal put forward by the parties and may also examine other matters which it considers contrary to an explicit provision of law.

(2) The Court of Cassation shall conduct the appellate review on the case file. However, in actions concerning the dissolution of a legal person or the annulment of general assembly resolutions, the nullity or annulment of marriage, divorce or separation, custody, parentage and restriction of legal capacity, and in actions for receivables and specific property whose amount or value exceeds sixty thousand Turkish Liras, if one of the parties has requested in the petition of appeal or the petition of response that a hearing be held, the Court of Cassation shall set a date and duly send summonses to the parties. There must be at least two weeks between the date of service and the hearing date; this period shall be disregarded if the parties have appeared. If the cost of service has not been paid, the request for a hearing shall not be taken into consideration. If it is understood that the hearing costs have been paid incompletely, the party requesting the hearing shall be notified in writing that the costs must be completed within a peremptory period of one week to be granted by the president of the chamber, failing which the request for a hearing shall be deemed to have been waived. If the costs are not completed within the period granted, the Court of Cassation shall conduct its review on the case file.

(3) In determining the hearing threshold of sixty thousand Turkish Liras, paragraph 2 of Article 362 shall apply by analogy.

(4) The Court of Cassation may also, of its own motion and without being bound by the provision of paragraph 2, decide to hold a hearing for the purpose of obtaining information.

(5) In cases where a hearing date has been set, the Court of Cassation shall render its decision after hearing the parties or the party who has appeared, or, if neither party has appeared, by conducting its review on the case file.

(6) Matters on which a decision cannot be rendered on the hearing day must be decided within one month at the latest.

(7) Appellate review of actions and matters designated by law as urgent shall be carried out with priority.

(1) In a decision of affirmance, the Court of Cassation shall be obliged to state the reasoning as to the conformity with the rules of law of the decision it affirms.

(2) Amended: 31/3/2011, Law No. 6217, Art. 29 Where the appealed decision is in conformity with the law as to the merits but ought to be reversed because an error has been made in applying the law to the facts, and there is no need for a retrial concerning the matter not in conformity with the law, the Court of Cassation may affirm the decision by correcting it. The provision of this paragraph shall not apply to decisions that are not in conformity with the law as to the merits, nor to performances adjudicated by the judge within the scope of his or her discretionary power.

(3) This provision shall also apply to errors concerning the identities of the parties and to clerical, arithmetical or other obvious errors of expression.

(4) If the decision is in conformity with procedure and law but the reasoning given is not found to be correct, it shall be affirmed with the reasoning changed and corrected.

(1) The Court of Cassation shall, by stating its reasons, reverse the appealed decision in part or in whole on the following grounds:

a) The law or the contract between the parties has been incorrectly applied.

b) There is a breach of the conditions for bringing an action.

c) The evidence relied upon by one of the parties to prove its case has not been admitted without a lawful reason.

ç) There are procedural errors or deficiencies that affected the decision.

(1) Reversal decisions and affirmance decisions of the Court of Cassation shall be served forthwith on the parties by the chief clerk of the court.

(2) The costs of service shall be collected in advance from the person requesting the appeal on points of law, together with the petition of appeal. If these costs are not paid, the provision of Article 344 shall apply.

(1) If the decision of the relevant chamber of the Court of Cassation reversing in whole or in part concerns a decision of the regional court of appeal dismissing the application on the merits, the decision of the regional court of appeal shall be set aside and the case file shall be sent to the court of first instance that rendered the decision or to another court of first instance deemed appropriate, and a copy of the decision shall be sent to the regional court of appeal.

(2) Where a decision rendered by the regional court of appeal by way of correction or rendered anew on the merits is reversed in whole or in part by the Court of Cassation, the case file shall be sent to the regional court of appeal that rendered the decision or to another regional court of appeal deemed appropriate.

(3) The regional court of appeal shall, using the costs collected in advance pursuant to Article 344, summon the parties to a hearing of its own motion and, after hearing them, decide whether or not to comply with the reversal decision of the Court of Cassation.

(4) Where the court of first instance renders a decision in conformity with the reversal following a reversal decision of the Court of Cassation, an appeal on points of law may be lodged against that decision.

(5) If the court of first instance or the regional court of appeal insists on its decision, and that decision is appealed on points of law, the review shall be carried out by the chamber whose decision has been resisted. The decision of insistence shall be examined with priority. If the chamber finds the decision of insistence justified, it shall correct its own decision; if not, it shall send the case file to the Assembly of Civil Chambers of the Court of Cassation.

(6) Added: 17/4/2013, Law No. 6460, Art. 1 Where a decision rendered in compliance with a reversal and containing the dismissal or acceptance of the action on the merits is reversed again in a manner that removes the previous reversal, the appellate review of the decision subsequently rendered by the lower court shall in all cases be carried out by the Assembly of Civil Chambers of the Court of Cassation.

(7) Compliance with the decision rendered by the Assembly of Civil Chambers is mandatory.

(1) A retrial may be requested against judgments that have been rendered as final or that have become final.

(1) A retrial may be requested on the following grounds:

a) The court was not constituted in accordance with the law.

b) A judge who was prohibited from hearing the case, or a judge in respect of whom a request for recusal was finally accepted by the competent authority, rendered or participated in the decision.

c) The case was heard and decided in the presence of persons who were not attorneys or representatives.

ç) A document which, during the proceedings, could not be obtained for reasons beyond the control of the party against whom judgment was rendered has come into that party's possession after the decision was rendered.

d) A document on which the decision was based has been held to be forged, or the forgery of the document has been admitted before a court or an official authority.

e) It has been established that a witness whose testimony formed the basis of the decision gave false testimony after the decision.

f) It has been established that an expert or interpreter intentionally made a statement contrary to the truth regarding a matter on which the judgment was based.

g) It has been established by admission or written evidence that the party in whose favour the decision was rendered swore falsely the oath on which the decision was based.

ğ) A judgment on which the decision was based has been removed by another final judgment.

h) The party in whose favour the decision was rendered engaged in fraudulent conduct that affected the decision.

ı) After the judgment rendered at the end of an action has become final, a judgment contrary to the earlier one has been rendered in a second action between the same parties with the same subject matter and cause, and that judgment has also become final.

i) It has been established by a final judgment of the European Court of Human Rights that the decision was rendered in violation of the Convention for the Protection of Human Rights and Fundamental Freedoms or its additional protocols, or a decision to strike out has been rendered following a friendly settlement or a unilateral declaration in respect of an application lodged with the European Court of Human Rights against the decision.

(2) In the cases in subparagraphs (e), (f) and (g) of paragraph 1, the possibility of requesting a retrial is subject to the condition that these grounds have been established by a final criminal conviction. If a criminal prosecution could not be initiated, or a conviction could not be rendered, for a reason other than lack of evidence, a decision of the criminal court shall not be required. In that case, the ground for retrial relied upon must first be proven in the retrial action.

(1) The creditors of one of the parties to the action, or the successors of the party against whom judgment was rendered, may request the annulment of the judgment on the ground that their debtors or the persons whom they succeeded colluded among themselves to commit fraud against them.

(1) The time limit for retrial is three months from the date on which:

a) It was learned that the court was not constituted in accordance with the law,

b) In the cases provided for in subparagraphs (b) and (c) of paragraph 1 of Article 375, the decision was served on the defendant or on the genuine attorney or representative; or the creditors or the successors of the defendant were duly informed of the decision,

c) The new document was obtained or the fraud was discovered,

ç) In the cases in subparagraphs (d), (e), (f) and (g) of paragraph 1 of Article 375, the judgment concerning the criminal conviction became final, or it became impossible to initiate a criminal prosecution, or the investigation remained inconclusive,

d) It became known that the judgment on which the decision was based has been reversed and entirely removed in the form of a final judgment,

e) On the ground set out in subparagraph (i) of paragraph 1 of Article 375, the final judgment of the European Court of Human Rights was served,

and, in any event, ten years from the date on which the judgment that is the subject of the request for retrial became final.

(2) The time limit for retrial on the ground set out in subparagraph (ı) of paragraph 1 of Article 375 shall be equal to the limitation period applicable to judgments.

(1) The petition containing the request for retrial shall be examined by the court that rendered the decision.

(2) Depending on the nature of the ground relied upon, the court may require the person requesting the retrial to provide security in an appropriate amount to cover the loss and damage of the opposing party.

(1) Upon a request for retrial, the court shall, after summoning and hearing the parties, examine:

a) Whether the request was made within the statutory time limit,

b) Whether the judgment sought to be set aside by way of retrial was rendered as final or has become final,

c) Whether the ground for retrial put forward is one of the grounds set out in the law,

of its own motion.

(2) If one of these conditions is lacking, the judge shall dismiss the action without examining the merits.

(1) If, at the end of the examination, the ground for retrial relied upon is found to be established, a retrial shall be conducted and, depending on the situation that emerges, the decision rendered shall be affirmed or amended in part or in whole. However, where the case was heard and decided in the presence of persons who were not attorneys or representatives without the express or implied consent of the claimant, or where the petition for retrial based on subparagraph (ı) of paragraph 1 of Article 375 is accepted, the judgment shall be annulled without any further examination.

(2) This matter shall be indicated on all copies of the judgment sought to be examined by way of retrial.

(1) An action for retrial shall not stay the enforcement of the judgment. However, if, depending on the nature of the action or the judgment and other circumstances, a stay of enforcement is needed upon request, the court examining the request for retrial may order a stay of enforcement on condition that security is obtained from the person requesting the retrial. If the ground for retrial is based on a court decision, no security shall be required in that case.

(1) Non-contentious jurisdiction is the application of the law by the courts to matters falling within this jurisdiction according to one or more of the following three criteria:

a) Cases in which there is no dispute between the persons concerned.

b) Cases in which the persons concerned have no right that could be asserted.

c) Cases in which the judge acts ex officio.

(2) The following matters shall be deemed non-contentious matters:

a) Non-contentious matters in the law of persons:

1) Declaration of majority (emancipation).

2) Change of first name and surname.

3) Establishment that a person, recorded as deceased in the civil registry on the basis of a presumption of death (by order of the civil administrative chief of the relevant place), is alive.

4) Declaration of absence.

5) Correction of an entry in the personal status register.

b) Non-contentious matters in family law:

1) Granting permission for the marriage of persons who have not yet reached marriageable age.

2) Dissolution of marriage by reason of absence.

3) Objection against the decision of the marriage officer rejecting the application for marriage.

4) Removal by the judge of the waiting period for remarriage.

5) Summoning the deserting spouse to the common residence.

6) Authorising one of the spouses to represent the marital union alone.

7) Requesting the intervention of the judge where the consent of the other spouse cannot be obtained for transactions relating to the family residence.

8) Conversion of the existing matrimonial property regime into separation of property at the request of one of the spouses or of the creditors, and reversion from separation of property to the former regime where the grounds cease to exist.

9) Deciding, in the event of divorce or annulment of the marriage under the regime of shared separation of property, which spouse shall continue to use the family residence and the household goods.

10) Granting the surviving spouse ownership or a usufruct right over the family residence and over the household goods.

11) Granting permission to one of the spouses to disclaim an inheritance under the regime of community of property.

12) Granting permission to the parents to spend part of the child's property on the child's maintenance and education.

13) Removal of custody, transfer of custody from one spouse to the other, and restoration of custody that has been removed.

14) Intervention by the judge in the management of the child's property and transfer of the management of the child's property to a trustee (kayyım).

15) Submission to the judge, by the spouse who retains custody upon termination of the marriage, of an inventory of the child's property.

16) Granting permission for the establishment of a family homestead, notification and announcement of its establishment, granting permission for the deletion of the annotation in the land register in the event of its closure, and granting a temporary exception to the condition that the immovable be used by the owner personally or by the owner's family.

17) Measures to be decided by the family court judge under the Law on the Protection of the Family No. 4320 of 14/1/1998.

18) Taking of protective and supportive measures concerning children by the juvenile judge, upon the request of the child's mother, father, guardian, the person responsible for the child's care and supervision, the Social Services and Child Protection Agency or the public prosecutor, or ex officio.

19) Guardianship matters.

c) Non-contentious matters in the law of succession:

1) Drawing up of an official will by the judge of the peace; safekeeping of a handwritten will by the judge of the peace; deposit of the record of an oral will with the court of peace or the court of first instance.

2) Notifying the executor of the will of his or her duty.

3) Granting permission to the executor of the will to dispose of the assets of the estate.

4) Delivery to the heirs of the absent person of the share of the inheritance falling to the absent person.

5) Taking measures to preserve the assets of the estate and to ensure that they reach the persons entitled.

6) Issuing a certificate of inheritance.

7) Notifying the heirs of the completion of the inventory of the estate, recording and registration of the declaration of disclaimer of inheritance; notifying the heirs ranking after the disclaiming person of the disclaimer of inheritance; extension of the period for disclaimer of inheritance.

8) Drawing up the official inventory of the estate.

9) Decision by the judge of the peace to allocate items having special characteristics to one of the heirs or to sell them.

ç) Non-contentious matters in property law:

1) Making corrections on an immovable that will not create parties or give rise to an infringement of rights.

2) Appointment of a trustee for the creditor in a mortgage on immovable property.

d) Non-contentious matters in the law of obligations:

1) Surrender to the court of the instrument of authority by a representative whose authority has terminated.

2) Granting the debtor a time limit to perform or to provide security.

3) Designating the place of deposit or selling goods that cannot be deposited.

4) Deposit with the court of a debt whose creditor is disputed.

5) Examination of a defective animal by an expert.

6) Determination of a defect in distance sales or granting permission for the sale of defective goods.

7) Appointment by the court, under an employment contract providing for the employee to receive a share of the profits, of a person to examine the employer's accounts.

8) Having an expert determine, under a contract for work, whether the work is defective.

9) Determination of damage to goods sent to a commission agent for sale.

10) Granting permission for the sale by public auction of goods held by a commission agent.

e) Non-contentious matters in commercial law:

1) Issuing a certificate in the event of loss of commercial books.

2) Sale, in accordance with the Code of Obligations, of goods received by an agent on behalf of the principal.

3) Appointment of a liquidator in the liquidation of a general partnership.

4) Appointment of an expert, at the request of a limited partner, to examine the company accounts.

5) Obtaining an expert report and the permission of the court in a joint-stock company for contributions in kind to the capital, for the acquisition of a business for an amount exceeding one tenth of the capital within two years from registration, and for the reduction of capital.

6) Cancellation of negotiable instruments.

7) Determination of damage to and shortage of goods in the carriage of goods; deciding, where the goods cannot be delivered, on their sale in accordance with the provisions of the Code of Obligations; examination of the consigned goods through the court.

8) Appointment of a trustee in a ship mortgage where the owner cannot be found.

9) Drawing up a sea protest (maritime report).

10) Determination by the court of the ship's day of departure under a general cargo (berth) contract.

11) Having an expert determine, under a contract of affreightment, the state and condition, measurement, number and weight of the goods at the port of discharge.

12) Appointment of an average adjuster in general average and approval of the adjustment by the court.

13) Appointment of an expert to determine the loss and its extent in insurance against maritime risks.

14) Appointment of an expert to value contributions in kind to capital in cooperatives.

f) Non-contentious matters in enforcement and bankruptcy law:

1) Decision by the enforcement court to release the mortgage, upon deposit of the amount of the debt with the enforcement office, where, in a claim secured by mortgage, the creditor is absent or refuses to accept the claim.

2) Direct bankruptcy.

3) Revocation of bankruptcy.

4) Deciding on the closure of bankruptcy.

5) Suspension by the court of the liquidation of a disclaimed inheritance upon the request of one of the heirs to accept the inheritance.

6) Granting a moratorium for composition (concordat) and appointment of the commissioner.

7) Confirmation of the composition.

8) Announcement of the project and appointment of an interim auditor in the restructuring of capital companies and cooperatives by way of settlement.

9) Granting a moratorium, in extraordinary circumstances, to a debtor who is unable to perform his or her debts without fault.

g) Non-contentious matters under various laws:

1) Sealing by the civil court of first instance of the page joints of the civil registry books.

2) Administering the oath in court to notaries when taking up office.

3) Certification by the court of copies to be taken from notarial documents and books and sent elsewhere.

4) Other cases in which public officials are required by law to take an oath before a court.

(1) In non-contentious matters, the court having subject-matter jurisdiction is the civil court of peace, unless otherwise provided.

(1) Unless otherwise provided by law, the court of the place where the applicant or one of the persons concerned resides has venue for non-contentious matters.

(1) In non-contentious matters, the simple procedure shall apply to the extent compatible with their nature.

(2) In non-contentious matters, unless otherwise provided, the principle of ex officio investigation applies.

(3) The procedure to be applied in non-contentious matters left to official authorities other than the courts shall be subject to the provisions set out in the relevant special laws.

(1) The procedure for drawing up matters such as sealing, inventory recording and oath records shall be determined, pursuant to this Code, by a regulation to be issued by the Ministry of Justice.

(1) Persons concerned who have a legal interest may, without prejudice to special statutory provisions, file an appeal (istinaf) against decisions rendered in non-contentious matters, in accordance with the provisions of this Code, within two weeks from learning of the decision.

(1) Except where otherwise provided by law, decisions in non-contentious matters do not constitute res judicata in the substantive sense.

(1) Where there is concern that, owing to a change that may occur in the existing situation, obtaining the right will become significantly more difficult or entirely impossible, or that a disadvantage or serious harm will arise by reason of delay, an interim injunction may be ordered concerning the subject matter of the dispute.

(2) The provision of paragraph 1 shall also apply in non-contentious matters to the extent compatible with their nature.

(1) An interim injunction shall be requested, before an action is brought, from the court having subject-matter jurisdiction and venue over the merits; after the action has been brought, only from the court hearing the main action.

(2) Where it is necessary to protect the rights of the applicant immediately, the judge may order the injunction without hearing the opposing party.

(3) The party requesting the injunction must clearly state in its petition the ground and the type of the interim injunction on which it relies, and must provide approximate (prima facie) proof that it is in the right as regards the merits of the action.

(1) The court may order any kind of measure that will eliminate the disadvantage or prevent the harm, such as placing the property or right subject to the injunction under safekeeping or depositing it with a custodian (yediemin), or requiring that something be done or not be done.

(2) In the interim injunction decision, the following:

a) The first name, surname and domicile of the person requesting the interim injunction, of his or her statutory representative and attorney, if any, and of the opposing party, and the Republic of Türkiye identity number of the applicant,

b) Clearly and concretely, the grounds and evidence on which the injunction is based,

c) In a manner leaving no room for doubt, over what and what type of injunction has been ordered,

ç) The amount and type of security to be provided by the applicant,

shall be written.

(3) Amended: 22/7/2020, Law No. 7251, Art. 40 A decision rejecting a request for an interim injunction shall be reasoned, and a legal remedy may be sought against this decision. The party against whom an interim injunction has been ordered in its presence may also seek a legal remedy. These applications shall be examined with priority and decided with finality.

(1) The person requesting an interim injunction must provide security against the potential losses that the opposing party and third parties may suffer as a result if the request proves to be unjustified. Where the request is based on an official document or other conclusive evidence, or where the circumstances so require, the court may also decide not to require security, provided that it clearly states its reasons. A person benefiting from legal aid is not required to provide security.

(2) The security shall be returned if no action for compensation is brought within one month from the judgment on the main action becoming final or from the lifting of the interim injunction decision.

(1) Enforcement of the interim injunction decision must be requested within one week from the pronouncement or service of the decision to the party requesting the injunction. Otherwise, the injunction decision shall lapse automatically, even if an action has been brought within the statutory time limit.

(2) Enforcement of the injunction decision shall be requested from the enforcement office located within the judicial district of the court that rendered the decision or from the enforcement office of the place where the property or right subject to the injunction is located. The court may also, by so stating in its decision, assign the chief clerk to enforce the injunction.

(3) Force may be used, if necessary, to enforce the interim injunction decision. As regards the use of force, all law enforcement forces and, in villages, village headmen are obliged, upon the written application of the officer carrying out the enforcement, to assist him or her and to comply with his or her orders.

(4) The officer enforcing the interim injunction shall draw up a record. This record shall indicate the subject of the injunction and its location; every claim relating to the subject of the injunction shall be entered in this record. The officer enforcing the injunction shall serve a copy of this record on the parties not present during the enforcement of the injunction and, depending on the circumstances, on the third party.

(5) Where a legal remedy is sought against interim injunction decisions, only copies of the file and evidence relating to the injunction shall be sent to the relevant court.

(1) An objection may be raised against interim injunction decisions rendered without hearing the opposing party. Unless otherwise decided, the objection shall not stay enforcement.

(2) The opposing party may object, before the court that rendered the decision, with respect to the conditions of the interim injunction, the venue of the court and the security, within one week from the enforcement of the injunction if it was present during the enforcement of the interim injunction, or, if it was not present, from the service of the record of enforcement of the injunction. Added sentence: 22/7/2020, Law No. 7251, Art. 42 After an action on the merits has been brought, the objection shall be decided by the court hearing that action.

(3) Third parties whose interests are clearly infringed by the enforcement of the interim injunction decision may also object to the conditions of the interim injunction and to the security within one week from learning of the interim injunction.

(4) The objection shall be made by petition. The objecting party must clearly state the grounds of objection and attach to the petition all evidence on which the objection is based. The court shall summon the persons concerned to be heard; if they fail to appear, it shall render its decision by examining the file. Upon objection, the court may modify or lift the injunction decision.

(5) A legal remedy may be sought against the decision rendered on the objection. This application shall be examined with priority and decided with finality. The fact that a legal remedy has been sought shall not stay the enforcement of the injunction.

(1) If the person against whom an interim injunction decision has been rendered, or against whom such decision has been enforced, provides security to be accepted by the court, the court may, depending on the circumstances, decide to modify or lift the injunction.

(2) The amount of the security shall be determined according to whether the injunction is to be modified or lifted, and its type in accordance with Article 87.

(3) Paragraphs 3 and 4 of Article 394 concerning objection shall apply by analogy.

(1) If it is established that the circumstances have changed, the modification or lifting of the interim injunction may be ordered upon request without requiring security.

(2) Paragraphs 3 and 4 of Article 394 concerning objection shall apply by analogy.

(1) If the interim injunction decision was rendered before an action was brought, the party requesting the injunction must bring its action on the merits within two weeks from the date on which it requested enforcement of this decision, have the documents showing that it has brought the action placed in the file by submitting them to the officer who enforced the decision, and obtain a receipt in return. Otherwise, the injunction shall lapse automatically.

(2) Unless otherwise specified, the effect of the interim injunction decision shall continue until the final decision becomes final.

(3) If the injunction has lapsed or has been lifted, this shall be notified to the relevant authorities.

(4) The interim injunction file shall be deemed an annex to the main action file.

Amended: 22/7/2020, Law No. 7251, Art. 43

(1) Any person who fails to comply with an order relating to the enforcement of an interim injunction decision or who acts in breach of the injunction decision shall, upon a complaint filed within six months from the date on which the breach became known, be punished with disciplinary imprisonment of up to six months. The court having subject-matter jurisdiction and venue is, if the action on the merits has not yet been brought, the court that rendered the interim injunction decision; if the action on the merits has been brought, the court hearing that action.

(2) A summons stating the day and time of the hearing shall be sent to the person complained of, together with the complaint petition. The summons shall warn him or her to submit his or her defence and evidence by the day of the hearing and that, if he or she fails to appear at the hearing, the proceedings will continue in his or her absence and a decision will be rendered.

(3) The court shall take the defence of the person complained of who appears at the hearing, after reminding him or her of the rights set out in Article 147 of Law No. 5271.

(4) The court shall evaluate the evidence in the file and carry out the necessary investigation. If, at the end of the proceedings, it is established that the person complained of failed to comply with the order relating to the enforcement of the interim injunction decision or acted in breach of the injunction decision, it shall decide to punish him or her with disciplinary imprisonment under paragraph 1; otherwise, it shall decide to dismiss the complaint.

(5) The parties may object to the decision within two weeks from the (…) service of the decision. The objection shall be examined, where the court that rendered the judgment has more than one chamber in that place, by the chamber following it in number, and, for the last-numbered chamber, by chamber number one; where the court that rendered the judgment has a single chamber in that place, by the nearest court of the same level and capacity.

(6) The objection authority shall render its decision within one week. If the authority finds the objection well-founded, it shall decide on the merits of the matter. The decision rendered upon objection is final.

(7) Decisions on disciplinary imprisonment rendered under this Article may not be executed before they become final. Final decisions shall be executed by the chief public prosecutor's office.

(8) Where the conduct in breach of the injunction decision ceases, or the requirements of the injunction decision are fulfilled, or the complaint is withdrawn, the action and the penalty shall lapse together with all their consequences.

(9) A decision on disciplinary imprisonment may not be executed after two years have elapsed from the date on which it became final.

(1) The party in whose favour an interim injunction decision was rendered is liable to compensate the damage suffered by reason of the unjustified interim injunction if it is understood that it was not justified at the time it requested the interim injunction, or if the injunction decision lapses automatically or is lifted upon objection.

(2) An action for compensation arising from an unjustified interim injunction shall be brought before the court in which the action on the merits was decided.

(3) The right to bring an action for compensation shall be time-barred upon the expiry of one year from the judgment becoming final or from the lifting of the interim injunction decision.

(1) Each of the parties may request that measures such as an on-site inspection, an expert examination or the taking of witness statements be carried out for the purpose of establishing a fact which, in a pending action, has not yet come up for examination, or which it will assert in an action it will bring in the future.

(2) A legal interest is required in order to request the preservation of evidence. Except in cases expressly provided for by law, a legal interest shall be deemed to exist where it is likely that the evidence will be lost, or that its assertion will become significantly more difficult, if it is not preserved immediately.

(1) Where no action has yet been brought, preservation of evidence shall be requested from the court that will hear the action on the merits, or from the court of peace of the place where the thing to be subject to inspection or expert examination is located or where the person to be heard as a witness resides.

(2) The provisions on the determination of facts to be made by notaries under the Notaries Law No. 1512 of 18/1/1972 are reserved.

(3) In the action brought on the merits, it may not be asserted that the court which carried out the preservation of evidence lacked venue or subject-matter jurisdiction.

(4) Only the court in which the action is pending has venue and subject-matter jurisdiction over any request for preservation of evidence made after the action has been brought.

(1) A request for the taking of evidence shall be made by petition. The petition shall contain the fact to be established, the questions to be put to the witnesses or experts, the grounds giving rise to the apprehension that the evidence will be lost or that difficulties will be encountered in presenting it, and the name, surname and address of the person against whom the taking of evidence is requested. Where the person requesting the taking of evidence is unable, because the situation and circumstances do not permit, to designate the person against whom the evidence is to be taken, the request shall nevertheless be deemed valid.

(2) No further steps shall be taken unless the costs of the taking of evidence determined by the court are paid as an advance.

(3) If the court finds the request for the taking of evidence justified, the decision shall be served on the opposing party together with the petition. The decision shall further specify how and when the taking of evidence will be carried out, that the opposing party may also be present during its execution, and that any objections and additional questions must be notified within one week.

(4) Added: 22/7/2020, Law No. 7251, Art. 44 After the taking of evidence has been carried out, a copy of the record of the taking of evidence and of the expert report, if any, shall be served ex officio by the court on the opposing party.

(1) In cases where this is necessary for the protection of the rights of the requesting party, the taking of evidence may also be carried out without service on the opposing party. After the taking of evidence has been carried out, a copy of the petition for the taking of evidence, the decision ordering it, the record of the taking of evidence and the expert report, if any, shall be served by the court of its own motion on the other party. The opposing party may object to the decision ordering the taking of evidence within one week from service.

(1) Where it has been decided by which means of evidence the fact to be established shall be established, the provisions on the taking of that means of evidence shall apply to the execution of that decision.

(1) The file on the taking of evidence shall be deemed an annex to the file of the main action and shall be joined to it. Each of the parties to the main action may rely on these records and reports in order to prove its claim or defence.

(1) Where necessary, the court may order that an inventory be drawn up of assets or rights or that they be placed under seal.

(2) The special provisions contained in other laws concerning interim legal protection, such as precautionary attachment, conservatory measures and decisions in the nature of interim arrangements, are reserved.

(1) The provisions of this Part shall apply to disputes which do not contain a foreign element within the meaning defined by the International Arbitration Law No. 4686 dated 21/6/2001 and in which the place of arbitration has been determined as Türkiye.

(1) Disputes arising from rights in rem over immovable property or from matters not subject to the will of the two parties are not arbitrable.

(1) If a provision from which the parties may derogate, or the arbitration agreement, is not complied with, the party concerned may object to this non-compliance. If the party concerned continues with the arbitration without objecting within two weeks from the date on which it learned of the non-compliance, or within the period agreed upon by the arbitrators on this matter, it shall be deemed to have waived its right to object.

(1) Amended: 28/2/2018, Law No. 7101, Art. 57 In arbitral proceedings, the court having subject-matter jurisdiction and venue for the acts which are specified to be performed by the court shall be, depending on the subject matter, the civil court of first instance or the commercial court of first instance of the place of arbitration. Where the place of arbitration has not been determined, the court having subject-matter jurisdiction shall be, depending on the subject matter, the civil court of first instance or the commercial court of first instance, and the court having venue shall be the court of the defendant's domicile, place of residence or place of business in Türkiye.

(1) Assistance of the courts in arbitral proceedings is possible in the cases expressly permitted in this Part.

(1) An arbitration agreement is an agreement by which the parties submit to an arbitrator or arbitral tribunal the resolution of all or some of the disputes which have arisen or may arise out of a contractual or non-contractual legal relationship.

(2) An arbitration agreement may be concluded in the form of a clause in the contract between the parties or in the form of a separate agreement.

(3) An arbitration agreement shall be made in writing. For the written form requirement to be deemed fulfilled, it is sufficient that the arbitration agreement is contained in a written document signed by the parties, or in a means of communication exchanged between the parties such as a letter, telegram, telex or fax, or in an electronic medium, or that the claim in the statement of claim that a written arbitration agreement exists has not been objected to in the statement of defence submitted by the defendant. An arbitration agreement shall also be deemed to have been concluded where reference is made to a document containing an arbitration clause with the intention of making it part of the main contract.

(4) No objection may be raised against an arbitration agreement on the ground that the main contract is not valid or that the arbitration agreement relates to a dispute which has not yet arisen.

(5) If, during the proceedings, the parties agree to resort to arbitration, the file of the action shall be sent by the court to the relevant arbitrator or arbitral tribunal.

(1) If an action has been brought before a court for the resolution of a dispute forming the subject of an arbitration agreement, the opposing party may raise a preliminary objection of arbitration. In this case, unless the arbitration agreement is null and void, inoperative or incapable of being performed, the court shall accept the objection of arbitration and dismiss the action on procedural grounds.

(2) Raising the objection of arbitration shall not prevent the arbitral proceedings.

(1) Unless otherwise agreed, the arbitrator or arbitral tribunal may, at the request of one of the parties, order an interim measure or the taking of evidence during the arbitral proceedings. The arbitrator or arbitral tribunal may make the granting of an interim measure conditional upon the provision of appropriate security.

(2) The court shall, at the request of one of the parties, decide on the enforceability of the interim measure ordered by the arbitrator or arbitral tribunal, provided that a valid arbitration agreement exists.

(3) In cases where the arbitrator or arbitral tribunal, or another person to be appointed by the parties, will not be able to act in time or effectively, one of the parties may apply to the court for an interim measure or the taking of evidence. If such circumstances do not exist, an application to the court may be made only on the basis of permission obtained from the arbitrator or arbitral tribunal or of a written agreement of the parties on this matter.

(4) An interim measure ordered by the court at the request of one of the parties before or during the arbitral proceedings shall, unless otherwise decided, lapse automatically when the award of the arbitrator or arbitral tribunal becomes enforceable or when the action is dismissed by the arbitrator or arbitral tribunal.

(5) An interim measure ordered by the court may be amended or lifted by the arbitrator or arbitral tribunal.

(1) The parties are free to determine the number of arbitrators. However, this number must be odd.

(2) If the number of arbitrators has not been agreed upon by the parties, three arbitrators shall be appointed.

(1) The parties are free to agree on the procedure for appointing the arbitrator or arbitrators. Unless otherwise agreed by the parties, the following procedure shall apply to the appointment of arbitrators:

a) Only natural persons may be appointed as arbitrators.

b) If a sole arbitrator is to be appointed and the parties fail to agree on the appointment of the arbitrator, the arbitrator shall be appointed by the court at the request of one of the parties.

c) If three arbitrators are to be appointed, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall determine the third arbitrator. If one of the parties fails to appoint its arbitrator within one month from receipt of the other party's request to that effect, or if the two arbitrators appointed by the parties fail to determine the third arbitrator within one month after their appointment, the arbitrator shall be appointed by the court at the request of one of the parties. The third arbitrator shall act as chair.

ç) If more than three arbitrators are to be appointed, the arbitrators who will appoint the last arbitrator shall be determined by the parties in equal numbers in accordance with the procedure set out in the preceding subparagraph.

d) Where the arbitral tribunal consists of more than one person, at least one of them must be a lawyer with five or more years of seniority in his or her field.

(2) Although the parties have agreed on the procedure for appointing the arbitrators, if:

a) one of the parties does not comply with the agreement,

b) the parties or the arbitrators fail to agree on the matter where, under the agreed procedure, the parties or the arbitrators appointed by the parties are required to decide jointly on the appointment of arbitrators,

c) the third person, institution or organisation authorised to appoint the arbitrators fails to appoint the arbitrator or the arbitral tribunal,

the arbitrator or arbitral tribunal shall be appointed by the court at the request of one of the parties. No legal remedy may be sought against decisions rendered by the court under the provisions of this paragraph, after hearing the parties where necessary. In appointing arbitrators, the court shall take into account the agreement of the parties and the principles that arbitrators must be independent and impartial. The same procedure shall also apply in cases where more than three arbitrators are to be appointed.

(1) A person who is approached in connection with a possible appointment as arbitrator shall, before accepting that office, disclose any situation and circumstances justifying doubts as to his or her impartiality and independence. If the parties have not been informed in advance, the arbitrator shall also notify the parties without delay of situations arising subsequently.

(2) An arbitrator may be challenged if he or she does not possess the qualifications agreed upon by the parties, if a ground for challenge provided for in the arbitration procedure agreed upon by the parties exists, or if situations and circumstances justifying doubts as to his or her impartiality arise. A party may challenge an arbitrator appointed by it, or in whose appointment it participated, only on grounds for challenge of which it became aware after the date of the arbitrator's appointment.

(1) The parties may freely agree on the procedure for challenging an arbitrator.

(2) A party wishing to challenge an arbitrator may submit a request for challenge within two weeks from the date on which it learned of the appointment of the arbitrator or arbitral tribunal or of the emergence of a situation entitling it to request the challenge of the arbitrator, and shall notify the opposing party of this request in writing. If the challenged arbitrator does not withdraw of his or her own accord or the other party does not accept the challenge, the arbitral tribunal shall decide on the challenge.

(3) A party requesting the challenge of one or more arbitrators of the arbitral tribunal shall notify the arbitral tribunal of the request for challenge and its grounds. A party which learns that the request for challenge has not been accepted may, within one month from that date, apply to the court against the decision and request that this decision be set aside and that a decision be rendered on the request concerning the challenge of the arbitrator or arbitrators.

(4) An application for the challenge of an appointed sole arbitrator, of the entire arbitral tribunal, or of such number of arbitrators as would eliminate the majority required for a decision may be made only to the court. No legal remedy may be sought against decisions rendered by the court under this paragraph.

(5) If the court accepts the request for the challenge of an appointed sole arbitrator, of the entire arbitral tribunal, or of such number of arbitrators as would eliminate the majority required for a decision, the arbitration shall terminate. However, if the names of the arbitrator or arbitrators have not been specified in the arbitration agreement, new arbitrators shall be appointed.

(1) Unless otherwise agreed by the parties, an arbitrator who has accepted office in arbitral proceedings and who refrains from performing his or her duties without a justified reason shall be liable to compensate the damage suffered by the parties for that reason.

(1) If an arbitrator, for legal or factual reasons, is unable to perform his or her duties at all or in a timely manner, the office of arbitrator shall terminate upon withdrawal or upon the agreement of the parties to that effect.

(2) If a dispute arises between them as to the existence of grounds requiring the withdrawal of the arbitrator, each of the parties may request the court to decide on the termination of the arbitrator's mandate. The decision of the court shall be final.

(3) The withdrawal of an arbitrator from office or the consent of the other party to the termination of the arbitrator's mandate shall not imply acceptance of the existence of grounds for challenging the arbitrator.

(1) If the office of one of the arbitrators terminates for any reason, a new arbitrator shall be appointed in his or her place by applying the procedure that was followed in his or her appointment.

(2) The time spent on replacing one or more arbitrators shall not be counted towards the arbitration period.

(3) If the names and surnames of the arbitrator or of the arbitrators forming the arbitral tribunal are specified in the arbitration agreement, the arbitration shall also terminate where the office of the arbitrator, of the arbitral tribunal, or of such number of arbitrators as would eliminate the majority of the tribunal required for a decision terminates for any reason.

(1) The arbitrator or arbitral tribunal may rule on its own jurisdiction, including any objections concerning the existence or validity of the arbitration agreement. In making this ruling, an arbitration clause contained in a contract shall be treated as independent of the other terms of the contract. A decision by the arbitrator or arbitral tribunal that the main contract is null and void shall not automatically entail the invalidity of the arbitration agreement.

(2) An objection that the arbitrator or arbitral tribunal lacks jurisdiction shall be raised no later than in the statement of defence. The fact that the parties have themselves appointed the arbitrators or participated in their appointment shall not deprive them of their right to object to the jurisdiction of the arbitrator or arbitral tribunal.

(3) An objection that the arbitrator or arbitral tribunal is exceeding its authority must be raised immediately.

(4) In either of the cases mentioned above, the arbitrator or arbitral tribunal may admit an objection not raised in time if it concludes that the delay was based on a justified reason.

(5) The arbitrator or arbitral tribunal shall examine and rule on the objection of lack of jurisdiction as a preliminary question; if it decides that it has jurisdiction, it shall continue the arbitral proceedings and render a decision on the case.

(1) The parties shall have equal rights and powers in the arbitral proceedings. The parties shall be afforded the opportunity to exercise their right to be heard.

(1) The parties may, subject to the mandatory provisions of this Part, freely agree on the rules of procedure to be applied by the arbitrator or arbitral tribunal, or determine them by reference to arbitration rules. In the absence of such an agreement between the parties, the arbitrator or arbitral tribunal shall conduct the arbitral proceedings in such manner as it considers appropriate, having regard to the provisions of this Part.

(1) The place of arbitration shall be freely agreed upon by the parties or by an arbitral institution chosen by them. In the absence of such an agreement, the place of arbitration shall be determined by the arbitrator or arbitral tribunal having regard to the particular features of the case.

(2) Where required by the arbitral proceedings, the arbitrator or arbitral tribunal may, subject to prior notice to the parties, also meet at another place, and may also carry out acts such as hearings, on-site inspections and the like.

(1) Unless the parties agree otherwise, the arbitration action shall be deemed to have been brought on the date on which an application was made to the court for the appointment of arbitrators, or to the person, institution or organisation which is to appoint the arbitrators under the agreement of the parties, and, if under the agreement the appointment of arbitrators belongs to both parties, on the date on which the claimant, having appointed its arbitrator, notified the other party to appoint its own arbitrator; and, if the names and surnames of the arbitrator or of the arbitrators forming the arbitral tribunal are specified in the agreement, on the date on which the request for the resolution of the dispute by arbitration was received by the opposing party.

(2) If one of the parties has obtained an interim measure or a precautionary attachment order from the court, it must bring the arbitration action within two weeks. Otherwise, the interim measure or precautionary attachment shall lapse automatically.

(1) Unless the parties agree otherwise, the arbitrator or arbitral tribunal shall render a decision on the merits within one year from the date on which the arbitrator was appointed, in actions to be heard by a sole arbitrator, or from the date on which the minutes of the first meeting of the arbitral tribunal were drawn up, in actions to be heard by more than one arbitrator.

(2) The arbitration period may be extended by agreement of the parties or, failing such agreement, by the court upon the application of one of the parties. The decision of the court on this matter shall be final.

(1) Within the period agreed upon by the parties or to be determined by the arbitrator, the claimant shall submit by petition to the arbitrator or arbitral tribunal the arbitration clause or agreement together with the main contract, if any, the facts on which it bases its claim and its request; and the defendant shall submit its defence and the facts on which it relies.

(2) The parties may attach their documentary evidence to their petitions and may indicate the evidence they will submit later.

(3) Unless otherwise agreed, the parties may amend or supplement their claims or defences during the arbitral proceedings. However, the arbitrator or arbitral tribunal may refuse to allow such amendment or supplement, having regard to the delay in making it or to its unfairly causing great difficulty for the other party, and to other situations and circumstances. A claim or defence may not be amended or supplemented in such a way as to fall outside the scope of the arbitration agreement.

(1) The arbitrator or arbitral tribunal may decide to hold hearings for reasons such as the presentation of evidence, the making of oral submissions or obtaining explanations from experts; it may also decide that the proceedings shall be conducted on the basis of documents. Unless the parties agree otherwise, the arbitrator or arbitral tribunal shall, at the request of one of the parties, decide to hold a hearing at an appropriate stage of the proceedings.

(2) The arbitrator or arbitral tribunal shall notify the parties, a reasonable time in advance, of the date of any on-site inspection relating to the case, of expert examinations, and of meetings and hearings to be held for the examination of other evidence, as well as of the consequences of the parties' failure to attend.

(3) Petitions, information and other documents submitted to the arbitrator or arbitral tribunal shall be communicated to the parties.

(1) If one of the parties fails to participate in the proceedings, the following provisions shall apply:

a) If the claimant fails to submit the statement of claim within the time limit without showing a valid reason, or if the statement of claim does not comply with the procedure and the deficiency is not remedied within the period to be determined by the arbitrator or arbitral tribunal, the arbitrator or arbitral tribunal shall terminate the arbitral proceedings.

b) If the defendant fails to submit the statement of defence, this shall not be treated as an admission of the claimant's allegations or as acceptance of the claim, and the proceedings shall continue.

c) If one of the parties fails to attend the hearing or refrains from submitting its evidence without showing a valid reason, the arbitrator or arbitral tribunal may continue the arbitral proceedings and render a decision on the basis of the existing evidence.

(1) The arbitrator or arbitral tribunal may decide on:

a) the appointment of one or more experts to report on matters it determines,

b) the parties' providing the expert with the necessary explanations and with the relevant documents and information,

c) the carrying out of an on-site inspection,

as the case may be.

(2) Unless otherwise agreed, upon the request of one of the parties or where the arbitrator or arbitral tribunal deems it necessary, the experts shall, after delivering their written or oral reports, attend a hearing to which they are summoned. At this hearing, the parties may put questions to the experts and may present private experts of their own choosing to testify on the points at issue.

(1) One of the parties may, with the approval of the arbitrator or arbitral tribunal, request assistance from the court in taking evidence.

(1) Unless otherwise agreed by the parties, the arbitral tribunal may also render decisions by majority vote.

(2) If the parties or the other members of the arbitral tribunal have so authorised, the chair of the arbitral tribunal may decide alone on certain matters of procedure.

(3) The arbitrator or arbitral tribunal may decide in accordance with the rules of equity and fairness or by way of amicable settlement only if the parties have expressly authorised it to do so.

(1) If, during the arbitral proceedings, the parties settle the dispute, the arbitral proceedings shall be terminated. If the request of the parties is not contrary to morality or public order, or if it relates to an arbitrable matter, the settlement shall be recorded in the form of an arbitral award.

(1) Arbitral proceedings shall terminate upon the rendering of the final arbitral award or upon the occurrence of any of the following circumstances:

a) If the claimant withdraws its action, except where, upon the objection of the defendant, the arbitrator or arbitral tribunal accepts that the defendant has a legitimate interest in obtaining a final settlement of the dispute.

b) If the parties agree on the termination of the proceedings.

c) If the arbitrator or arbitral tribunal finds that the continuation of the proceedings has become unnecessary or impossible for any other reason.

ç) If the request for extension of the arbitration period under paragraph 2 of Article 427 is rejected by the court.

d) If, although the parties have stipulated that the award shall be rendered unanimously, the arbitral tribunal is unable to render its award unanimously.

e) If the advance for the costs of proceedings is not deposited in accordance with paragraph 2 of Article 442.

(2) Without prejudice to the provision of Article 437, the mandate of the arbitrator or arbitral tribunal shall end upon the termination of the proceedings.

(1) In arbitral awards, the following

a) The names and surnames of the arbitrator or of the members of the arbitral tribunal who rendered the award,

b) The names and surnames, titles and addresses of the parties and, if any, of their representatives and attorneys,

c) The legal grounds on which the award is based and its reasoning,

ç) The rights and obligations imposed on the parties, set out clearly and definitively under sequence numbers, together with the costs of proceedings,

d) That an action for annulment may be brought against the award, and the time limit for doing so,

e) The place of arbitration and the date of the award,

f) The signatures of all or the majority of the arbitrator or members of the arbitral tribunal who rendered the award and, if attached to the award, the dissenting opinion,

shall be indicated.

(2) Unless otherwise agreed, the arbitrator or arbitral tribunal may render partial awards.

(3) Amended: 22/7/2020, Law No. 7251, Art. 45 The arbitral award shall be notified to the parties by the arbitrator, the chair of the arbitral tribunal or the relevant arbitral institution. In addition, the original of the award shall be sent to the court together with the case file and shall be kept by the court.

(1) Unless a different time limit has been stipulated beforehand, each party may, within two weeks of the notification of the arbitral award to it, and provided that it informs the other party, apply to the arbitrator or arbitral tribunal and request

a) The correction of computational, clerical and similar material errors in the arbitral award,

b) The interpretation of a specific point of the award or of a part of the award,

as the case may be.

(2) If the arbitrator or arbitral tribunal, having obtained the views of the other party, finds the request justified, it shall correct the material error in its award or provide the interpretation of the award within one month of the date of the request. If necessary, this period may be extended by the arbitrator or arbitral tribunal.

(3) The arbitrator or arbitral tribunal may also correct material errors in the award on its own initiative within two weeks following the date of the award.

(4) Each party may, within one month of the notification of the arbitral award to them, and provided that it informs the other party, request that an additional arbitral award be rendered on matters which were raised during the proceedings but were not decided upon. If the arbitrator or arbitral tribunal finds the request justified, it shall render the additional arbitral award within one month. If necessary, this period may be extended by the arbitrator or arbitral tribunal by not more than one month.

(5) Decisions on correction, interpretation and additional awards shall be notified to the parties and shall form part of the arbitral award.

(1) Unless otherwise agreed by the parties, service shall be effected in accordance with the provisions of the Notification Law No. 7201 dated 11/2/1959.

(1) Only an action for annulment may be brought against an arbitral award. The action for annulment shall be brought before the regional court of appeal of the place of arbitration; it shall be heard with priority and urgency.

(2) a) That one of the parties to the arbitration agreement lacked capacity or that the arbitration agreement is invalid,

b) That the procedure laid down in the agreement or provided for in this Part was not complied with in the appointment of the arbitrator or arbitral tribunal,

c) That the award was not rendered within the arbitration period,

ç) That the arbitrator or arbitral tribunal unlawfully decided that it had or lacked jurisdiction,

d) That the arbitrator or arbitral tribunal decided on a matter falling outside the arbitration agreement, or did not decide on the entirety of the claim, or exceeded its authority,

e) That the arbitral proceedings were not conducted, in terms of procedure, in accordance with the agreement or, in the absence of such an agreement, with the provisions of this Part, and that this affected the merits of the award,

f) That the principle of equality of the parties and the right to be heard were not observed,

g) That the dispute which is the subject of the award of the arbitrator or arbitral tribunal is not arbitrable under Turkish law,

ğ) That the award is contrary to public order,

where any of the foregoing is established, arbitral awards may be annulled.

(3) In an action for annulment brought on the allegation that the arbitrator or arbitral tribunal decided on a matter falling outside the arbitration agreement, where the matters falling within the scope of the arbitration agreement can be separated from the matters not falling within its scope, only the part of the arbitral award containing the matters not falling within the scope of the arbitration agreement may be annulled.

(4) The action for annulment may be brought within one month. This time limit shall begin to run from the date on which the arbitral award, or the decision on interpretation, correction or additional award, was notified to the parties. The bringing of an action for annulment against the arbitral award shall not stay the enforcement of the award. However, upon the request of one of the parties, the enforcement of the award may be stayed on condition that security covering the value of the money or property awarded is provided.

(5) Unless the regional court of appeal hearing the action decides otherwise, the request for annulment shall be examined and decided on the case file.

(6) An appeal on points of law may be lodged against decisions rendered in the action for annulment. The appellate review shall be decided with priority and urgency, limited to the grounds for annulment set out in this Article. The appeal on points of law shall not stay the enforcement of the decision.

(7) Where the action for annulment is upheld, if the decision upholding it is not appealed, or where it is upheld by reason of the existence of the circumstances in subparagraphs (b), (c), (ç), (d), (e) and (f) of paragraph 2, the parties may, unless they have agreed otherwise, determine the arbitrators and the arbitration period anew. If they so wish, the parties may appoint the former arbitrators.

(1) Unless otherwise agreed by the parties, the fees of the arbitrators shall be agreed between the arbitrator or arbitral tribunal and the parties, taking into account the amount of the claim in dispute, the nature of the dispute and the duration of the arbitral proceedings.

(2) The parties may also determine the fees of the arbitrator or arbitral tribunal by reference to established rules or to institutional arbitration rules.

(3) If no agreement can be reached between the parties and the arbitrator or arbitral tribunal on the determination of the fees, or if the arbitration agreement contains no provision on the determination of the fees, or if the parties have made no reference in this respect to established rules or to institutional arbitration rules, the fees of the arbitrator or arbitral tribunal shall be determined according to the fee tariff prepared each year by the Ministry of Justice after obtaining the opinions of the relevant professional organisations having the status of public institutions.

(4) Unless otherwise agreed by the parties, the fee of the chair shall be calculated as ten percent more than the arbitrator's fee payable to each of the arbitrators.

(5) Unless otherwise agreed, no additional arbitrator's fee shall be paid in cases of correction, interpretation or completion of the arbitral award.

(6) The costs of the arbitral proceedings shall be stated in the award of the arbitrator or arbitral tribunal.

(1) The costs of proceedings shall cover:

a) The fees of the arbitrators and of the arbitral secretariat as determined by the arbitrators,

b) The travel expenses of the arbitrators and other expenses incurred by them,

c) The fees paid to experts appointed by the arbitrator or arbitral tribunal and to other persons whose assistance is sought, and the costs of on-site inspection,

ç) The travel expenses of witnesses and other expenses incurred by them, to the extent approved by the arbitrator or arbitral tribunal,

d) The attorney's fee assessed by the arbitrator or arbitral tribunal, according to the minimum attorney fee tariff, for the attorney, if any, of the prevailing party,

e) The court fees charged for applications made to the courts under this Code,

f) The costs of service relating to the arbitral proceedings,

as listed above.

(1) The arbitrator or arbitral tribunal may, where necessary, request each of the parties to deposit an advance for the costs of proceedings. Unless otherwise agreed, this advance shall be paid by the parties in equal amounts.

(2) If the advance is not paid within the time limit set in the decision of the arbitrator or arbitral tribunal, the arbitrator or arbitral tribunal may suspend the proceedings. If the advance is paid within one month of the notification to the parties that the proceedings have been suspended, the proceedings shall continue; otherwise, the arbitral proceedings shall terminate.

(3) After rendering its award, the arbitrator or arbitral tribunal shall provide the parties with a document showing the purposes for which and the amounts in which the deposited advances were spent, and shall refund any remaining advance to the party who paid it.

(4) Unless the parties agree otherwise, the costs of proceedings shall be borne by the unsuccessful party. If each party is partly successful in the action, the costs of proceedings shall be apportioned between the parties according to the extent of their success.

(5) The costs of proceedings shall also be stated in the award of the arbitrator or arbitral tribunal terminating the proceedings or recording a settlement between the parties.

(1) The provisions of Chapter Three of Part Eight above concerning retrial shall also apply to arbitration, insofar as they are compatible with its nature.

(2) In arbitration, of the grounds for retrial, only subparagraphs (b), (c), (e), (f), (g), (h), (ı) and (i) of paragraph 1 of Article 375 shall apply. The action for retrial shall be heard by the court.

(3) If the request for retrial is accepted, the court shall annul the arbitral award and refer the dispute to a new arbitrator or arbitral tribunal so that a new award may be rendered. In this case, the arbitrator or arbitral tribunal shall be appointed or constituted anew in accordance with Article 421.

(1) In matters regulated in this Part, unless there is a provision to the contrary, the other provisions of this Code shall not apply.

(1) The National Judiciary Informatics System (UYAP) is the information system established for the conduct of judicial services in electronic form. Where actions and other procedural acts are carried out electronically, data shall be recorded and stored by using UYAP.

(2) In electronic form, by using a secure electronic signature, actions may be brought, fees and advances may be paid, and case files may be examined. Records and documents which, under this Code, are to be prepared in physical form may be prepared and sent electronically with a secure electronic signature. Records and documents created with a secure electronic signature shall not additionally be sent in physical form, and no copy of the document shall be required.

(3) Where a physical copy must be produced from the electronic medium, it shall be signed and sealed by the judge or by the chief clerk designated by the judge, with a statement that it is identical to the original of the record or document.

(4) In acts performed electronically, time limits shall expire at the end of the day.

(5) The procedures and principles concerning the use of UYAP in actions, non-contentious proceedings, interim legal protection and all other proceedings pending before the courts shall be laid down by regulation.

(1) Within the meaning of this Code, a disciplinary fine means a fine imposed in order to ensure the orderly conduct of proceedings and to protect public order, which is final as soon as it is imposed and must be executed immediately. This fine may not be converted into alternative sanctions and shall not be entered in the criminal records.

(2) The disciplinary fine shall be collected in accordance with the provisions of the Law No. 6183 on the Procedure for the Collection of Public Receivables dated 21/7/1953.

(1) Where other laws refer to oral or summary procedure, the provisions of this Code relating to simple procedure shall apply.

(2) References in legislation to the repealed Code of Civil Procedure No. 1086 dated 18/6/1927 shall be deemed to be made to the articles of the Code of Civil Procedure corresponding to those provisions.

(1) The provisions of this Code shall apply immediately, provided that completed procedural acts are not affected.

(1) Regulations concerning the implementation of this Code shall be issued by the Ministry of Justice within six months of the date of entry into force of the Code. Until the new regulations are issued, the provisions of the existing regulations that are not contrary to this Code shall continue to be applied.

(1) The Code of Civil Procedure No. 1086 dated 18/6/1927 has been repealed in its entirety, together with its additions and amendments.

Added: 24/11/2016, Law No. 6763, Art. 44

(1) The monetary thresholds in Articles 200, 201, 341, 362 and 369 shall apply, effective from the beginning of each calendar year, by increasing the monetary thresholds applied in the previous year by the revaluation rate determined and announced for that year by the Ministry of Finance each year pursuant to the provisions of repeated Article 298 of the Tax Procedure Law No. 213 dated 4/1/1961. The portions of the thresholds so determined not exceeding one thousand Turkish lira shall be disregarded.

(2) Amended: 4/6/2025, Law No. 7550, Art. 20 In applying the monetary thresholds in Articles 200 and 201, the amount as at the date on which the legal transaction was performed, and in applying the monetary thresholds in Articles 341, 362 and 369, the amount as at the date on which the action was brought, shall be taken as the basis.

(3) Added: 7/11/2024, Law No. 7531, Art. 22 Repealed: 4/6/2025, Law No. 7550, Art. 20

(1) The provisions of this Code concerning the jurisdictional route and subject-matter jurisdiction shall not apply to actions brought before the date of entry into force of the Code.

(2) The provisions of this Code concerning the monetary thresholds relating to proof by documentary evidence, appeal (istinaf), appeal on points of law (temyiz) and the holding of a hearing at the stage of appeal on points of law shall not apply to actions and matters brought before the date of entry into force of the Code.

(1) Instruments duly drawn up during the period in which Law No. 1086 was in force shall remain valid after the date of entry into force of this Code.

Added: 31/3/2011, Law No. 6217, Art. 30

(1) Until the date on which the regional courts of appeal commence their duties, to be announced in the Official Gazette pursuant to provisional Article 2 of the Law No. 5235 on the Establishment, Duties and Powers of the Judicial Courts of First Instance and Regional Courts of Appeal dated 26/9/2004, the provisions of Law No. 1086 in force relating to appeal on points of law shall continue to be applied.

(2) With respect to decisions rendered before the date on which the regional courts of appeal commence their duties, the provisions of Articles 427 to 444 of Law No. 1086, as they stood before the amendment made by Law No. 5236 dated 26/9/2004, shall continue to be applied until such decisions become final. Added sentence: 1/7/2016, Law No. 6723, Art. 34 Files relating to these decisions may not be sent to the regional courts of appeal.

(3) In cases where duties are assigned to the regional courts of appeal under this Code, the provisions of Law No. 1086 that are not contrary to this Code shall apply until the date on which these courts commence their duties.

Added: 24/11/2016, Law No. 6763, Art. 45

(1) Decisions of persistence rendered by courts upon reversal decisions of the civil chambers of the Court of Cassation concerning decisions rendered before the date on which the regional courts of appeal commenced their duties shall be sent to the chamber whose decision was resisted.

(2) Files pending before the Assembly of Civil Chambers of the Court of Cassation as of the date of entry into force of the Law introducing this Article shall be sent to the chamber whose decision was resisted.

(3) Files pending before the Assembly of Civil Chambers of the Court of Cassation as of the date of entry into force of the Law introducing this Article which have been examined by the relevant chamber pursuant to provisional Article 2 of the Labour Courts Law No. 5521 dated 30/1/1950 shall not be sent again to the chamber whose decision was resisted.

(4) The chamber shall examine the decision of persistence as soon as possible and, if it finds it justified, shall correct its decision; if not, it shall send the file to the Assembly of Civil Chambers of the Court of Cassation.

(1) This Code shall enter into force on 1/10/2011.

(1) The provisions of this Code shall be executed by the Council of Ministers.