{"id":130,"date":"2022-08-18T09:00:00","date_gmt":"2022-08-18T09:00:00","guid":{"rendered":"https:\/\/utuhukuk.com\/20-03-2020-tarihli-hukuk-muhakemeleri-kanunu-ile-bazi-kanunlarda-degisiklik-yapilmasi-hakkinda-kanun-teklifi-uyarinca-gerceklesecek-kanuni-duzenlemeler\/"},"modified":"2026-10-01T14:08:02","modified_gmt":"2026-10-01T14:08:02","slug":"statutory-amendments-introduced-bill-20-03-2020","status":"publish","type":"post","link":"https:\/\/utuhukuk.com\/en\/20-03-2020-tarihli-hukuk-muhakemeleri-kanunu-ile-bazi-kanunlarda-degisiklik-yapilmasi-hakkinda-kanun-teklifi-uyarinca-gerceklesecek-kanuni-duzenlemeler\/","title":{"rendered":"Statutory Amendments to Be Introduced Under the Bill of 20\/03\/2020 Amending the Code of Civil Procedure and Certain Other Laws"},"content":{"rendered":"<div class=\"pm\" data-utu-pm=\"1\">\n<p class=\"pm-giris\">In this article, <strong>the CCP amendment proposal dated 20\/03\/2020<\/strong> and the amendments it envisages to the Code of Civil Procedure and certain other laws are examined article by article, comparing the former texts of the provisions with the texts following the proposal. While the Code of Civil Procedure No. 6100 has been in force, certain of its provisions were annulled by the Constitutional Court and the necessary amendments were made accordingly. In addition, a bill on amending the Code of Civil Procedure and certain other laws was prepared on 20\/03\/2020 with a view to reviewing the Code in light of the principles governing civil proceedings, enabling proceedings to be conducted more effectively and efficiently, and resolving the procedural problems raised by practitioners and academics.<\/p>\n<aside class=\"pm-ozet\" aria-label=\"In brief\">\n<p class=\"pm-etiket\">In brief<\/p>\n<ul>\n<li>The article explains, article by article, the amendments envisaged by the HMK (Code of Civil Procedure) amendment bill dated 20\/03\/2020, comparing the texts of the provisions before and after the bill.<\/li>\n<li>Under the bill, in an action for an unspecified receivable the judge will grant the claimant a peremptory period of two weeks to specify the claim fully and definitively; the third paragraph of the article will be repealed.<\/li>\n<li>Under the bill, after the exchange of pleadings, claims and defences may not be expanded or amended, subject to amendment of pleadings (\u0131slah) and the express consent of the opposing party.<\/li>\n<li>Having acted as a mediator or conciliator in the same dispute is added to the grounds for challenging a judge, and the judge is given a duty to inform the parties about settlement and mediation.<\/li>\n<li>The bill envisages an Article 73\/A which, subject to certain exceptions, makes applying to a mediator before filing suit a precondition for actions in disputes before consumer courts.<\/li>\n<\/ul>\n<\/aside>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Currency note<\/p>\n<p>This article was prepared on the basis of the legislation and practice in force on its date of publication. The bill examined in the article was subsequently enacted, and the enacted text and later amendments may differ from the text of the proposal; the monetary thresholds and the provisions on entry into force mentioned in the article may also have changed. You are advised to consult a lawyer regarding the current position.<\/p>\n<\/div>\n<details class=\"pm-ic\" open>\n<summary>Contents<\/summary>\n<ol>\n<li><a href=\"#gorev-yetki-ret\">Jurisdiction, Venue and Challenge of Judges<\/a><\/li>\n<li><a href=\"#kesin-sure-belirsiz-alacak\">Peremptory Periods, Unspecified Receivables and Filing of Actions<\/a><\/li>\n<li><a href=\"#on-inceleme-islah\">Preliminary Examination, Expansion of Claims and Amendment of Pleadings<\/a><\/li>\n<li><a href=\"#tahkikat-deliller\">Investigation, Evidence and Expert Witnesses<\/a><\/li>\n<li><a href=\"#hukum-sulh-gider\">Judgment, Settlement, Waiver and Litigation Costs<\/a><\/li>\n<li><a href=\"#istinaf-temyiz\">Appeal (\u0130stinaf) and Cassation Remedies<\/a><\/li>\n<li><a href=\"#tedbir-tespit-tahkim\">Interim Injunctions, Preservation of Evidence and Arbitration<\/a><\/li>\n<li><a href=\"#diger-kanunlar\">Amendments Envisaged in Other Laws<\/a><\/li>\n<li><a href=\"#sss\">Frequently asked questions<\/a><\/li>\n<li><a href=\"#iletisim\">Consultation request<\/a><\/li>\n<\/ol>\n<\/details>\n<section id=\"gorev-yetki-ret\">\n<h2>Jurisdiction, Venue and Challenge of Judges<\/h2>\n<p>In preparing the bill, the amendments were justified and the existing regime was compared with the new provisions. In this study, unlike the bill itself, we will try to explain, article by article,&nbsp; how the provisions and amendments will take effect:<\/p>\n<ul class=\"pm-cipler\" aria-label=\"Provisions examined in this section\">\n<li>CCP Art. 20<\/li>\n<li>CCP Art. 28<\/li>\n<li>CCP Art. 36<\/li>\n<li>CCP Art. 38<\/li>\n<li>CCP Art. 42<\/li>\n<\/ul>\n<h3>Article 1 \u00b7 CCP Art. 20<\/h3>\n<p>The first article amends Article 20 HMK.<\/p>\n<p>With the amendment made,<strong>; <em>where the decision of lack of jurisdiction or lack of venue is final, the decision is to be served on the parties and the two-week period for sending the file to the court having jurisdiction and venue is to begin from the date of service<\/em><\/strong> will be expressly provided for.<\/p>\n<p>Another amendment made is that; <strong><em>where the application required for sending the file to the court having jurisdiction and venue is not made within the period prescribed by law, the action shall be deemed not to have been filed by operation of law and the court shall decide on this of its own motion<\/em><\/strong> this matter will also be expressly regulated.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 20 HMK before the amendment: <\/strong>\u201c(1) Where a decision of lack of jurisdiction or lack of venue is rendered, one of the parties must, (&#8230;) *1* , within two weeks from the date on which the decision became final, if it became final because no appeal was lodged within the time limit, or, if an appeal was lodged, from the date of service of the decision rejecting that appeal, apply to the court that rendered the decision and request that the case file be sent to the court having jurisdiction or venue. Otherwise, that court shall decide that the action be deemed not to have been filed.<\/p>\n<p>(2) The court to which the file is sent shall of its own motion send summonses to the parties.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>\u201c(1) Where a decision of lack of jurisdiction or lack of venue is rendered, one of the parties <strong><em>if the decision is final when rendered, from the date of service,<\/em><\/strong>must, within two weeks from the date on which the decision became final, if it became final because no appeal was lodged within the time limit, or, if an appeal was lodged, from the date of service of the decision rejecting that appeal, apply to the court that rendered the decision and request that the case file be sent to the court having jurisdiction or venue. Otherwise, the <strong><em>action shall be deemed not to have been filed, and the court shall of its own motion <\/em><\/strong>&nbsp;it is ordered.<\/p>\n<p>(2) The court to which the file is sent shall of its own motion send summonses to the parties.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 2 \u00b7 CCP Art. 28<\/h3>\n<p>The second article amends Article 28 HMK.<\/p>\n<p>With the amendment made; <strong><em>the case where \u201cpersons involved in the proceedings have an overriding interest worthy of protection\u201d, among the cases in which all or part of the hearings may be held in private, to the second paragraph of the article<\/em><\/strong> is also being added.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 28 HMK before the amendment:<\/strong> \u201c(1) Hearings and the pronouncement of decisions shall be public.<\/p>\n<p>(2) The court may decide, at the request of one of the parties or of its own motion, that all or part of the hearings be held in private only where public morality or public safety strictly requires it.<\/p>\n<p>(3) The parties' request for privacy shall be examined and decided in a private 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.<\/p>\n<p>(4) The judge shall warn those present during private proceedings not to disclose information obtained in connection with 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.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>\u201c(1) Hearings and the pronouncement of decisions shall be public.<\/p>\n<p>(2) The court may decide that all or part of the hearings be held in private only where public morality or public safety <strong><em>or an overriding interest worthy of protection of persons involved in the proceedings strictly requires it, at the request of the person concerned<\/em><\/strong> or of its own motion.<\/p>\n<p>(3) The parties' request for privacy shall be examined and decided in a private 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.<\/p>\n<p>(4) The judge shall warn those present during private proceedings not to disclose information obtained in connection with 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.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 3 \u00b7 CCP Art. 36<\/h3>\n<p>The third article amends Article 36 HMK.<\/p>\n<p>With the amendment made; <strong><em>having previously acted as mediator or conciliator in the same dispute, as a ground for challenging the judge, to subparagraph (c) of the first paragraph of the article<\/em><\/strong> is being added.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 36 HMK before the amendment: <\/strong>\u201c(1) Where there is a serious reason giving rise to doubt as to the judge's impartiality, one of the parties may challenge the judge, and the judge may also withdraw of his or her own accord. In particular, a ground for challenging the judge shall be deemed to exist in the following cases:<\/p>\n<p>a) Having advised or guided either of the parties in the case.<\/p>\n<p>b) Having expressed his or her opinion in the case to either of the parties or to a third party without being required to do so by law.<\/p>\n<p>c) Having been heard as a witness or expert in the case, or having acted as a judge or arbitrator.<\/p>\n<p>c1) The case concerning his or her collateral relatives up to and including the fourth degree.<\/p>\n<p>d) Having a case pending with, or enmity with, either of the parties during the proceedings.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>\u201c(1) Where there is a serious reason giving rise to doubt as to the judge's impartiality, one of the parties may challenge the judge, and the judge may also withdraw of his or her own accord. In particular, a ground for challenging the judge shall be deemed to exist in the following cases:<\/p>\n<p>a) Having advised or guided either of the parties in the case.<\/p>\n<p>b) Having expressed his or her opinion in the case to either of the parties or to a third party without being required to do so by law.<\/p>\n<p>c) Having been heard as a witness or expert in the case, or having acted as a judge or arbitrator <strong><em>; having acted as mediator or conciliator in the dispute.<\/em><\/strong><\/p>\n<p>c1) The case concerning his or her collateral relatives up to and including the fourth degree.<\/p>\n<p>d) Having a case pending with, or enmity with, either of the parties during the proceedings.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 4 \u00b7 CCP Art. 38<\/h3>\n<p>The fourth article amends Article 38 HMK.<\/p>\n<p>With the amendment made; <strong><em>the sixth, seventh and ninth paragraphs are being removed from the article. Since the current sixth and seventh paragraphs are provisions on the procedure for the challenge, they are being added to Article 42 HMK. In addition, since the ninth paragraph conflicts with the second paragraph of Article 43 of the Code, it is being repealed, and decisions of the reviewing authority on challenges to the judge will be open to immediate appeal (istinaf) under Article 43, depending on the amount and value of the subject matter of the dispute.<\/em><\/strong><\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 38 HMK before the amendment: <\/strong>\u201c(1) A party who knows of a ground for challenging the judge must raise the challenge at the latest at the first hearing. If the party learns of the ground for challenge while the case is being heard, he or she must immediately submit the request at the latest at the first hearing after learning of it, before any new procedural step is taken. A challenge not made within the specified period shall not be heard.<\/p>\n<p>(2) A challenge to the judge shall be requested by petition. The petition must clearly set out the grounds on which the challenge is based and the evidence or indications, and any documents must be attached.<\/p>\n<p>(3) The petition challenging the judge shall be submitted to the court to which the challenged judge belongs.<\/p>\n<p>(4) A challenge may not be withdrawn.<\/p>\n<p>(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 the challenge petition, together with any response and annexes of the opposing party and 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 comply with the law, and hand the file to the chief clerk to be sent immediately to the reviewing authority.<\/p>\n<p>(6) Even if the ground for challenge is not established, the reviewing authority may accept the challenge if it considers it probable.<\/p>\n<p>(7) No oath may be proposed in respect of the grounds for challenge.<\/p>\n<p>(8) Inviting the judge to withdraw shall have the effect of a challenge to the judge.<\/p>\n<p>(9) These decisions may be appealed only together with the judgment.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>\u201c(1) A party who knows of a ground for challenging the judge must raise the challenge at the latest at the first hearing. If the party learns of the ground for challenge while the case is being heard, he or she must immediately submit the request at the latest at the first hearing after learning of it, before any new procedural step is taken. A challenge not made within the specified period shall not be heard.<\/p>\n<p>(2) A challenge to the judge shall be requested by petition. The petition must clearly set out the grounds on which the challenge is based and the evidence or indications, and any documents must be attached.<\/p>\n<p>(3) The petition challenging the judge shall be submitted to the court to which the challenged judge belongs.<\/p>\n<p>(4) A challenge may not be withdrawn.<\/p>\n<p>(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 the challenge petition, together with any response and annexes of the opposing party and 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 comply with the law, and hand the file to the chief clerk to be sent immediately to the reviewing authority.<\/p>\n<p><strong><em>(6)<\/em><\/strong> Inviting the judge to withdraw shall have the effect of a challenge to the judge.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 5 \u00b7 CCP Art. 42<\/h3>\n<p>The fifth article amends Article 42 HMK.<\/p>\n<p>With the amendment made;&nbsp; <strong><em>The sixth and seventh paragraphs of Article 38 of the Code will be moved to Article 42. With this amendment, new second and third paragraphs will be added to the article.<\/em><\/strong><\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong> Article 42 HMK before the amendment:<\/strong> \u201c(1) The decision on the challenge to the judge may also be given on the basis of an examination of the file.<\/p>\n<p>(2) The challenged judge may not hear the case until the reviewing authority has decided on the challenge. However, matters and cases in which delay would be prejudicial are excluded from this. Where a judge whose challenge has previously been rejected by the reviewing authority is challenged again on the basis of the same circumstances and facts, this shall not prevent the judge from hearing the case.<\/p>\n<p>(3) If the challenge is not accepted by the reviewing authority, the challenged judge shall continue to hear the case.<\/p>\n<p>(4) If it is established that the challenge was made in bad faith and it is not accepted on the merits, a disciplinary fine of between five hundred and five thousand Turkish Lira shall be imposed on each of the persons making the request.<\/p>\n<p>(5) Where a challenge to a judge raised by the same party in the same case is rejected, the disciplinary fine to be imposed may not be less than twice the previous disciplinary fine.<\/p>\n<p>(6) For the collection of the disciplinary fine, the court hearing the case shall take the necessary action within two weeks from the date on which the file is received.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>\u201c(1) The decision on the challenge to the judge may also be given on the basis of an examination of the file.<\/p>\n<p><strong><em>(2) Even if the ground for challenge is not established, the reviewing authority may accept the challenge if it considers it probable.<\/em><\/strong><\/p>\n<p>(3) No oath shall be proposed in respect of the grounds for challenge.<\/p>\n<p><strong><em>(4)<\/em><\/strong> The challenged judge may not hear the case until the reviewing authority has decided on the challenge. However, matters and cases in which delay would be prejudicial are excluded from this. Where a judge whose challenge has previously been rejected by the reviewing authority is challenged again on the basis of the same circumstances and facts, this shall not prevent the judge from hearing the case.<\/p>\n<p><strong><em>(5)<\/em><\/strong> If the challenge is not accepted by the reviewing authority, the challenged judge shall continue to hear the case.<\/p>\n<p><strong><em>(6)<\/em><\/strong> If it is established that the challenge was made in bad faith and it is not accepted on the merits, a disciplinary fine of between five hundred and five thousand Turkish Lira shall be imposed on each of the persons making the request.<\/p>\n<p><strong><em>(7) <\/em><\/strong>Where a challenge to a judge raised by the same party in the same case is rejected, the disciplinary fine to be imposed may not be less than twice the previous disciplinary fine.<\/p>\n<p><strong><em>(8) <\/em><\/strong>For the collection of the disciplinary fine, the court hearing the case shall take the necessary action within two weeks from the date on which the file is received.\u201d<\/p>\n<\/div>\n<\/div>\n<\/section>\n<section id=\"kesin-sure-belirsiz-alacak\">\n<h2>Peremptory Periods, Unspecified Receivables and Filing of Actions<\/h2>\n<ul class=\"pm-cipler\" aria-label=\"Provisions examined in this section\">\n<li>CCP Art. 94<\/li>\n<li>CCP Art. 107<\/li>\n<li>CCP Art. 116<\/li>\n<li>CCP Art. 120<\/li>\n<li>CCP Art. 123<\/li>\n<li>CCP Art. 125<\/li>\n<li>CCP Art. 127<\/li>\n<\/ul>\n<h3>Article 6 \u00b7 CCP Art. 94<\/h3>\n<p>The sixth article amends Article 94 HMK.<\/p>\n<p>With the amendment made;<strong><em> a requirement that the act subject to the peremptory time limit be explained in a manner leaving no room for doubt, and that the legal consequences of failing to comply with the time limit be notified by way of warning, will be added to the second paragraph of the article.<\/em><\/strong><\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong> Article 94 HMK before the amendment: <\/strong>\u201c(1) Time limits laid down by law are peremptory.<\/p>\n<p>(2) The judge may decide that a time limit he or she has set is peremptory. Otherwise, a party who has missed the specified time limit may request a new time limit. A second time limit granted in this way is peremptory, and no further time limit may be granted.<\/p>\n<p>(3) A party who fails to perform, within the time limit, a procedural act that must be performed within a peremptory time limit loses the right to perform that act.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>\u201c(1) Time limits laid down by law are peremptory.<\/p>\n<p><strong><em>(2) The judge may decide that a time limit he or she has set is peremptory. In that case, the judge shall explain the act subject to the peremptory time limit in a manner leaving no room for doubt, and shall give warning 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; a second time limit granted in this way is peremptory, and no further time limit may be granted.<\/em><\/strong><\/p>\n<p>(3) A party who fails to perform, within the time limit, a procedural act that must be performed within a peremptory time limit loses the right to perform that act.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 7 \u00b7 CCP Art. 107<\/h3>\n<p>The seventh article amends Article 107 HMK.<\/p>\n<p>With the amendment made, the \u201cmoment\u201d referred to in the second paragraph will be determined by the court. The judge will grant the claimant a peremptory period of two weeks so that, at the \u201cmoment when it becomes possible\u201d to determine the amount or value of the claim fully and precisely, the claimant can determine the claim fully and precisely. This period will be granted before the evidence-taking stage ends. This provision will also be applicable where evidence is taken by the Regional Court of Appeal. Furthermore, as a necessary consequence of the other amendment made, the provision in the second paragraph stating that the claimant \u201cmay increase\u201d the claim stated at the outset of the action is being changed so that the claimant \u201cmay determine\u201d the claim fully and precisely. A final sentence added to the same paragraph expressly provides that, where the amount or value of the claim is not determined fully and precisely despite the peremptory time limit granted by the judge, the action will be heard and decided on the basis of the amount or value stated in the relief sought. Finally, the third paragraph, which has given rise to much debate and confusion in practice and in legal doctrine, will be repealed. With the repeal of the third paragraph, the heading of the article, \u201caction for an undetermined claim and declaratory action\u201d, will be changed to \u201caction for an undetermined claim\u201d.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 107 HMK before the amendment:<\/strong> \u201c(1) Where, on the date on which the action is filed, the creditor cannot be expected to determine the amount or value of the claim fully and precisely, or where this is impossible, the creditor may bring an action for an undetermined claim by specifying the legal relationship and a minimum amount or value.<\/p>\n<p>(2) As soon as it becomes possible to determine the amount or value of the claim fully and precisely on the basis of information provided by the opposing party or as a result of the taking of evidence, the claimant may increase the claim stated at the outset of the action without being subject to the prohibition on expanding the claim.<\/p>\n<p>(3) In addition, in cases where a partial action for performance can be brought, a declaratory action may also be brought, and in that case a legal interest shall be deemed to exist.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>\u201c<strong><em>Action for an Undetermined Claim<\/em><\/strong><\/p>\n<p>(1) Where, on the date on which the action is filed, the creditor cannot be expected to determine the amount or value of the claim fully and precisely, or where this is impossible, the creditor may bring an action for an undetermined claim by specifying the legal relationship and a minimum amount or value.<\/p>\n<p><strong><em>(2) Where it becomes possible to determine the amount or value of the claim fully and precisely on the basis of information provided by the opposing party or as a result of the taking of evidence, the claimant may, within a peremptory period of two weeks to be granted by the judge before the evidence-taking stage ends, determine the claim fully and precisely without being subject to the prohibition on expanding the claim. Otherwise, the action shall be heard and decided on the basis of the amount and value stated in the relief sought.<\/em><\/strong>\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 8 \u00b7 CCP Art. 116<\/h3>\n<p>The eighth article amends Article 116 HMK.<\/p>\n<p>With the amendment made; <strong><em>subparagraph (c) has been repealed, since no legal institution remains under the heading of division of work.<\/em><\/strong><\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 116 HMK before the amendment: <\/strong>\u201c(1) Preliminary objections consist of the following:<\/p>\n<p>a) An objection to venue where there is no rule of exclusive venue.<\/p>\n<p>b) An objection that the dispute must be resolved by arbitration.<\/p>\n<p>c) An objection concerning the division of work.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>\u201c(1) Preliminary objections consist of the following:<\/p>\n<p>a) An objection to venue where there is no rule of exclusive venue.<\/p>\n<p>b) An objection that the dispute must be resolved by arbitration.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 9 \u00b7 CCP Art. 120<\/h3>\n<p>The ninth article amends Article 120 HMK.<\/p>\n<p>With the amendment made; <strong><em>the heading of the article is being changed to \u201cfees and costs\u201d, and a third paragraph is being added to the article providing that the advance for evidence will not be collected under this article; in other words, it is not mandatory to deposit the advance for evidence with the court cashier when filing the action.<\/em><\/strong><\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 120 HMK before the amendment: <\/strong>\u201c(1) When filing the action, the claimant must deposit with the court cashier the court fees and the amount to be determined in the advance on costs tariff issued each year by the Ministry of Justice.<\/p>\n<p>(2) If it becomes apparent during the proceedings that the advance is insufficient, the court shall grant the claimant a peremptory period of two weeks to make up the shortfall.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>\u201c<strong><em>Payment of Fees and the Advance on Costs<\/em><\/strong><\/p>\n<p>(1) When filing the action, the claimant must deposit with the court cashier the court fees and the amount to be determined in the advance on costs tariff issued each year by the Ministry of Justice.<\/p>\n<p>(2) If it becomes apparent during the proceedings that the advance is insufficient, the court shall grant the claimant a peremptory period of two weeks to make up the shortfall.<\/p>\n<p><strong><em>(3) The provisions of Article 324 on the advance for evidence determined by the court for the evidence that each party requests to be taken are reserved.<\/em><\/strong>\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 10 \u00b7 CCP Art. 123<\/h3>\n<p>The tenth article amends Article 123 HMK.<\/p>\n<p>With the amendment made; <strong><em>in addition, a provision will be added to the article that, where the action is withdrawn, a decision shall be given that the action is deemed not to have been filed.<\/em><\/strong><\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 123 HMK before the amendment: <\/strong>\u201c(1) The claimant may withdraw the action until the judgment becomes final, but only with the express consent of the defendant.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>\u201c(1) The claimant may withdraw the action until the judgment becomes final, but only with the express consent of the defendant. <strong><em>In that case, a decision shall be given that the action is deemed not to have been filed.<\/em><\/strong>\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 11 \u00b7 CCP Art. 125<\/h3>\n<p>The eleventh article amends Article 125 HMK.<\/p>\n<p>With the amendment made; <strong><em>by a sentence added to the second paragraph of the article, it is provided that, where the subject matter of the dispute is transferred by the claimant and the action is decided against the claimant, both the transferor and the transferee shall be jointly and severally liable for the costs of the proceedings.<\/em><\/strong><\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 125 HMK before the amendment:<\/strong> \u201c(1) If, after the action has been filed, the defendant transfers the subject matter of the dispute to a third party, the claimant may exercise one of the following powers:<\/p>\n<p>a) The claimant may, if he or she wishes, waive the action against the transferring party and continue the action against the person who has acquired the subject matter of the dispute. In that case, if the claimant wins the action, the transferor and the transferee of the subject matter of the dispute shall be jointly and severally liable for the costs of the proceedings.<\/p>\n<p>b) The claimant may, if he or she wishes, convert the action into an action for damages against the transferring party.<\/p>\n<p>(2) If, after the action has been filed, the subject matter of the dispute 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.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>\u201c(1) If, after the action has been filed, the defendant transfers the subject matter of the dispute to a third party, the claimant may exercise one of the following powers:<\/p>\n<p>a) The claimant may, if he or she wishes, waive the action against the transferring party and continue the action against the person who has acquired the subject matter of the dispute. In that case, <strong><em>if the action is decided in favour of the claimant<\/em><\/strong>, the transferor and the transferee of the subject matter of the dispute shall be jointly and severally liable for the costs of the proceedings.<\/p>\n<p>b) The claimant may, if he or she wishes, convert the action into an action for damages against the transferring party.<\/p>\n<p>(2) If, after the action has been filed, the subject matter of the dispute 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. <strong><em>In that case, if the action is decided against the claimant, the transferor and the transferee of the subject matter of the dispute shall be jointly and severally liable for the costs of the proceedings.<\/em><\/strong>\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 12 \u00b7 CCP Art. 127<\/h3>\n<p>The twelfth article amends Article 127 HMK.<\/p>\n<p>With the amendment made;<strong><em> it is provided that the additional period to be granted will begin to run from the expiry of the two-week period for the defence.<\/em><\/strong><\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 127 HMK before the amendment: <\/strong>\u201c(1) The period 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 circumstances, it is very difficult or impossible to prepare the statement of defence within this period, a defendant who applies to the court within the same period may be granted an additional period, once only and not exceeding one month. The decision on the request for an additional period for the defence shall be notified to the parties immediately.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>\u201c(1) The period 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 circumstances, it is very difficult or impossible to prepare the statement of defence within this period, a defendant who applies to the court within the same period may be granted <strong><em>an additional period beginning to run from the expiry of the period for the defence,<\/em><\/strong> once only and not exceeding one month. The decision on the request for an additional period for the defence shall be notified to the parties immediately.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<\/section>\n<section id=\"on-inceleme-islah\">\n<h2>Preliminary Examination, Expansion of Claims and Amendment of Pleadings<\/h2>\n<ul class=\"pm-cipler\" aria-label=\"Provisions examined in this section\">\n<li>CCP Art. 139<\/li>\n<li>CCP Art. 140<\/li>\n<li>CCP Art. 141<\/li>\n<li>CCP Art. 147<\/li>\n<li>CCP Art. 149<\/li>\n<li>CCP Art. 151<\/li>\n<li>CCP Art. 177<\/li>\n<\/ul>\n<h3>Article 13 \u00b7 CCP Art. 139<\/h3>\n<p>The thirteenth article amends Article 139 HMK.<\/p>\n<p>With the amendment made;<strong><em> under Article 141, as amended by this bill, the claim or defence may not be expanded or changed after the completion of the pleadings stage. In parallel with this amendment, the warning included in the summons that allowed the claim or defence to be expanded or changed in the absence of the party not attending the preliminary examination hearing, without that party's consent, is being removed from the text of the article. The element added to the warning regulated in the article is the matter set out in the fifth paragraph of Article 140. The fifth paragraph of Article 140 is being incorporated into the content of the summons to be issued under Article 139 and repealed from Article 140. Accordingly, the summons to be issued for the preliminary examination hearing will warn the parties that, within a peremptory period of two weeks from service of the summons, they must submit to the court the documents they have indicated in their pleadings but not yet submitted, or provide the explanations necessary for documents to be obtained from elsewhere, and that, if they fail to do so within the period granted, the court will decide that they are deemed to have waived reliance on that evidence.<\/em><\/strong><\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 139 HMK before the amendment: <\/strong>\u201c(1) After the exchange of pleadings and the completion of the examination set out in the above articles, the court shall fix a hearing date for the preliminary examination and notify the parties. In the summons to be issued, in addition to the other matters relating to the hearing summons and its consequences, the parties shall be separately warned to make the necessary preparations for settlement, and that, if only one of the parties attends the hearing and wishes to continue the proceedings, the absent party may not object to the acts performed in his or her absence and the other party may expand or change his or her claim or defence without the absent party's consent.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>\u201c(1) After the exchange of pleadings and the completion of the examination set out in the above articles, the court shall fix a hearing date for the preliminary examination and notify the parties. <strong><em>The following matters shall be notified by way of warning in the summons to be issued.<\/em><\/strong><\/p>\n<p><strong><em>Other matters relating to the hearing summons and its consequences<\/em><\/strong>.<\/p>\n<p><strong><em>That the parties are to make the necessary preparations for settlement.<\/em><\/strong><\/p>\n<p><strong><em>That, if only one of the parties attends the hearing and wishes to continue the proceedings, the absent party may not object to the acts performed in his or her absence.<\/em><\/strong><\/p>\n<p><strong><em>That, within a peremptory period of two weeks from service of the summons, the parties are to submit to the court the documents they have 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 period granted, a decision will be given that they are deemed to have waived reliance on that evidence.<\/em><\/strong>\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 14 \u00b7 CCP Art. 140<\/h3>\n<p>The fourteenth article amends Article 140 HMK.<\/p>\n<p>With the amendment made; <strong><em>in order to increase the effectiveness of settlement and mediation in civil proceedings, the judge is given the duty of informing the parties about the principles, process and legal consequences of settlement and mediation and thereby encouraging these institutions. In addition, the fifth paragraph of the article is being amended as a necessary consequence of the amendment made to Article 139 by this bill. Accordingly, where, despite the warning given under Article 139 for the preliminary examination hearing, the parties do not submit the documents indicated in their pleadings or do not provide the explanation necessary for obtaining the documents, a decision will be given that reliance on that evidence is deemed to have been waived.<\/em><\/strong><\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 140 HMK before the amendment: <\/strong>\u201c(1) At the preliminary examination hearing, the judge shall hear the parties if he or she considers it necessary in order to decide on the preconditions for bringing the action and on preliminary objections; thereafter, within the framework of the parties' claims and defences, the judge shall identify one by one the matters on which they agree and disagree.<\/p>\n<p>(2) After identifying the matters in dispute, the judge shall encourage the parties to settle (Additional wording: 07\/06\/2012-Law No. 6325\/Art. 35) or to use mediation; if the judge is of the opinion that a result will be achieved in this respect, he or she shall set a new hearing date, once only.<\/p>\n<p>(3) At the end of the preliminary examination hearing, whether or not the parties have achieved a result from settlement (Additional wording: 07\/06\/2012-Law No. 6325\/Art. 35) or mediation and, if not, the matters on which they disagree, 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.<\/p>\n<p>(4) The preliminary examination shall be completed in a single hearing. Where necessary, a new hearing date shall be set once only.<\/p>\n<p>(5) At the preliminary examination hearing, the parties shall be granted a peremptory period of two weeks to submit to the court the documents they have indicated in their pleadings but not yet submitted, or to provide the explanation necessary for documents to be obtained from elsewhere. If these matters are not fully fulfilled within the peremptory period granted, a decision shall be given that reliance on that evidence is deemed to have been waived.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>\u201c(1) At the preliminary examination hearing, the judge shall hear the parties if he or she considers it necessary in order to decide on the preconditions for bringing the action and on preliminary objections; thereafter, within the framework of the parties' claims and defences, the judge shall identify one by one the matters on which they agree and disagree.<\/p>\n<p>(2) After identifying the matters in dispute, the judge shall encourage the parties <strong><em>by informing them about the principles, process&nbsp; and legal consequences of settlement and mediation,<\/em><\/strong> and, if the judge is of the opinion that a result will be achieved in this respect, he or she shall set a new hearing date, once only.<\/p>\n<p>(3) At the end of the preliminary examination hearing, whether or not the parties have achieved a result from settlement (Additional wording: 07\/06\/2012-Law No. 6325\/Art. 35) or mediation and, if not, the matters on which they disagree, 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.<\/p>\n<p>(4) The preliminary examination shall be completed in a single hearing. Where necessary, a new hearing date shall be set once only.<\/p>\n<p><strong><em>(5) Where a party, despite the warning given under Article 139, does not submit the documents indicated in its pleadings or does not provide the explanation necessary for obtaining the documents, a decision shall be given that the party is deemed to have waived reliance on that evidence.<\/em><\/strong>\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 15 \u00b7 CCP Art. 141<\/h3>\n<p>The fifteenth article amends Article 141 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 140 HMK before the amendment: <\/strong>\u201c(1) The parties may freely expand or change their claims or defences by means of the reply and the rejoinder; at the preliminary examination stage, however, they may do so only with the express consent of the opposing party. If one of the parties fails to attend the preliminary examination hearing without an excuse, the attending party may expand or change its claim or defence without the absent party's consent being required. After the completion of the preliminary examination stage, the claim or defence may not be expanded or changed.<\/p>\n<p>(2) The provisions on amendment of pleadings (\u0131slah) and on the express consent of the opposing party with respect to the expansion or change of the claim and defence are reserved.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made,<strong><em>; \u201c(1) The parties may freely expand or change their claims or defences by means of the reply and the rejoinder. After the exchange of pleadings, the claim and defence may not be expanded or changed.\u201d<\/em><\/strong><\/p>\n<p>\u201c<strong><em>(1) The parties may freely expand or change their claims or defences by means of the reply and the rejoinder. After the exchange of pleadings, the claim and defence may not be expanded or changed.<\/em><\/strong><\/p>\n<p>(2) The provisions on amendment of pleadings (\u0131slah) and on the express consent of the opposing party with respect to the expansion or change of the claim and defence are reserved.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 16 \u00b7 CCP Art. 147<\/h3>\n<p>The sixteenth article amends Article 147 HMK.<\/p>\n<p>With the amendment made; <strong><em>the words \u201cand oral proceedings\u201d have been added to the first paragraph of the article after the words \u201cthe taking of evidence\u201d, and the words \u201c, that oral proceedings will begin at the hearing at which the taking of evidence ends, that no separate summons will be sent to the parties if the hearing is adjourned for oral proceedings, and that, subject to Article 150, judgment will be given in their absence\u201d have been added to the second paragraph after the words \u201cthey may not object to\u201d.<\/em><\/strong><\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 147 HMK before the amendment: <\/strong>\u201c(1) After the completion of the preliminary examination stage, the parties shall be summoned to a hearing for the taking of evidence.<\/p>\n<p>(2) The summons to be sent to the parties shall state that, if they are not present in court on the specified day and time without a valid excuse, the hearing will continue in their absence and they may not object to the acts performed.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>\u201c(1) After the completion of the preliminary examination stage, the parties shall be summoned to a hearing for the taking of evidence <strong><em>and oral proceedings<\/em><\/strong> .<\/p>\n<p>(2) The summons to be sent to the parties shall state that, if they are not present in court on the specified day and time without a valid excuse, the hearing will continue in their absence and they may not object to the acts performed<strong><em>, that oral proceedings will begin at the hearing at which the taking of evidence ends, that no separate summons will be sent to the parties if the hearing is adjourned for oral proceedings, and that, subject to Article 150,&nbsp; judgment will be given in their absence <\/em><\/strong>&nbsp;.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 17 \u00b7 CCP Art. 149<\/h3>\n<p>The seventeenth article amends Article 149 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 149 HMK before the amendment: <\/strong>\u201c(1) The court may, provided that the parties consent, permit the parties or their representatives to attend the hearing and perform procedural acts from where they are located by means of simultaneous audio and video transmission.<\/p>\n<p>(2) Provided that the parties consent, the court may permit a witness, expert, specialist or a party to be at another location while being heard. The hearing shall be transmitted simultaneously to the courtroom in audio and video.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made,<strong><em>; \u201cHolding hearings by means of audio and video transmission or at another location<\/em><\/strong><\/p>\n<p><strong><em>ARTICLE 149-(1) The court may, upon the request of one of the parties, decide that the requesting party or its representative may attend the hearing and perform procedural acts from where they are located by means of simultaneous audio and video transmission.<\/em><\/strong><\/p>\n<p><strong><em>(2) The court may, of its own motion or upon the request of one of the parties, decide that a witness, expert or specialist be heard from where they are located by means of simultaneous audio and video transmission.<\/em><\/strong><\/p>\n<p><strong><em>(3) In actions and matters over which the parties cannot 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.<\/em><\/strong><\/p>\n<p><strong><em>(4) The court may also decide, due to a de facto impediment or for security reasons, that the hearing be held at another place within the boundaries of the province.<\/em><\/strong><\/p>\n<p><strong><em>(5) The procedures and principles for the implementation of this article shall be laid down in a regulation.\u201d<\/em><\/strong> as provided above.<\/p>\n<\/div>\n<\/div>\n<h3>Article 18 \u00b7 CCP Art. 151<\/h3>\n<p>The eighteenth article amends Article 151 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 151 HMK before the amendment: <\/strong>\u201c(1) The judge shall prohibit any person who disturbs the order of the hearing from doing so and, if necessary, shall order that person, with the exception of lawyers, to be removed from the courtroom immediately.<\/p>\n<p>(2) If a person, despite a warning, disturbs the order of the court or continues to make inappropriate remarks or behave inappropriately in the presence of the court, he or she shall be arrested immediately and disciplinary detention of up to four days shall be imposed. This paragraph shall not apply to lawyers.<\/p>\n<p>(3) If the act disturbing the order of the court, or the inappropriate remark or behaviour in the presence of the court, also constitutes an offence, this shall be sent with a report to the Chief Public Prosecutor's Office and, if necessary, the detention on remand of the perpetrator, with the exception of lawyers, may also be ordered.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made, the first paragraph of the article reads: \u201c(1) The judge shall prohibit any person who disturbs the order of the hearing from doing so and, if necessary, shall order that person, with the exception of <strong><em>the parties' lawyers<\/em><\/strong> , to be removed from the courtroom immediately. <strong><em>In respect of the parties' lawyers, action shall be taken in accordance with Article 79.<\/em><\/strong>\u201d This is how it has been amended.<\/p>\n<\/div>\n<\/div>\n<h3>Article 19 \u00b7 CCP Art. 177<\/h3>\n<p>The nineteenth article amends Article 177 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 177 HMK before the amendment:<\/strong>\u201d (1) Amendment of pleadings (\u0131slah) may be made until the end of the taking of evidence.<\/p>\n<p>(2) Amendment of pleadings may be made orally or in writing. If the opposing party is not present at the hearing or the request for amendment is made outside the hearing, the written request or a copy of the minutes shall be notified to the opposing party for information.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made, a paragraph has been added after the first paragraph: \u201c(1) Amendment of pleadings (\u0131slah) may be made until the end of the taking of evidence.<\/p>\n<p><strong><em>(2) Where the file is sent to the court of first instance after a reversal decision of the Court of Cassation or a decision of the Regional Court of Appeal setting aside the judgment, amendment of pleadings may also be made until the end of the taking of evidence if the court of first instance performs an act relating to the taking of evidence.&nbsp; However, the legal situation arising from compliance with the reversal decision cannot be eliminated.<\/em><\/strong><\/p>\n<p>(3) Amendment of pleadings may be made orally or in writing. If the opposing party is not present at the hearing or the request for amendment is made outside the hearing, the written request or a copy of the minutes shall be notified to the opposing party for information.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<\/section>\n<section id=\"tahkikat-deliller\">\n<h2>Investigation, Evidence and Expert Witnesses<\/h2>\n<ul class=\"pm-cipler\" aria-label=\"Provisions examined in this section\">\n<li>CCP Art. 183\/A<\/li>\n<li>CCP Art. 186<\/li>\n<li>CCP Art. 206<\/li>\n<li>CCP Art. 215<\/li>\n<li>CCP Art. 222<\/li>\n<li>CCP Art. 281<\/li>\n<li>CCP Art. 290<\/li>\n<\/ul>\n<h3>Article 20 \u00b7 CCP Art. 183\/A<\/h3>\n<p>By the twentieth article, a seventh subsection entitled \u201cTaking of Evidence in Collegial Courts\u201d and Article 183\/A have been added to Part Five of the HMK, after the sixth subsection.<\/p>\n<blockquote class=\"pm-kanun\">\n<p>Article 183\/A HMK as added: \u201cTaking of Evidence in Collegial Courts<\/p>\n<p><strong><em>In actions and matters falling within the jurisdiction of a collegial court, including interim legal protection measures such as the preservation of evidence, precautionary attachment and interim injunctions requested before or after the action is filed, all stages of the proceedings shall be carried out and decided by the panel.<\/em><\/strong><\/p>\n<p><strong><em>The panel may, subject to the provisions of other laws, decide, depending on the nature of the matter and the action, that the taking of evidence be carried out by a member appointed as the judge responsible for taking evidence.<\/em><\/strong><\/p>\n<p><strong><em>In matters and actions in which the taking of evidence is conducted by the panel, the presiding judge of the court may appoint one of the members as a delegated judge to carry out certain specific acts of taking evidence.<\/em><\/strong><\/p>\n<p><strong><em>The presiding judge of the court shall ensure the harmonious, efficient and orderly functioning of the court and shall take such measures as he or she considers appropriate to this end.\u201d<\/em><\/strong> This is the amended wording.<\/p>\n<p><cite>CCP Art. 183\/A \u00b7 Text after the proposal<\/cite><\/p><\/blockquote>\n<h3>Article 21 \u00b7 CCP Art. 186<\/h3>\n<p>The twenty-first article amends Article 186 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 186 HMK before the amendment: <\/strong>\u201c(1) After the end of the taking of evidence, the court shall summon both parties to ensure that they are present in court on the day and time to be set for oral proceedings and judgment. The summons to be issued to the parties shall state that, if they are not present in court on the specified day and time, judgment will be given in their absence.<\/p>\n<p>(2) In the oral proceedings, the court shall ask the parties for their final words and deliver its judgment.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made, the first paragraph of the article <strong><em>\u201c(1) After announcing that the taking of evidence has ended, the court shall proceed to the oral proceedings stage at the same hearing. In that case, upon the request of one of the parties, the hearing shall be adjourned for not less than two weeks. Whether or not they are present, no separate summons shall be sent to the parties for the oral proceedings.\u201d<\/em><\/strong> has been amended to read as above.<\/p>\n<\/div>\n<\/div>\n<h3>Article 22 \u00b7 CCP Art. 206<\/h3>\n<p>The twenty-second article amends Article 206 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 206 HMK before the amendment:<\/strong>\u201d (1) For documents containing legal transactions performed by persons unable to sign, by using a seal, an instrument or a fingerprint, to qualify as deeds (senet), they must be drawn up by notaries in the form of a notarial deed.<\/p>\n<p>(2) For transactions of persons unable to sign with institutions that customarily conduct business by means of a passbook, it is sufficient that the seal, engraved signature, mark or fingerprint they will use has been impressed on the account book or passbook at the beginning of the transaction, or that a specimen has previously been certified by a notary for safekeeping; separate certification is not required for each transaction.<\/p>\n<p>(3) No fees, taxes or stamp charges shall be collected from the persons concerned for deeds to be drawn up by notaries in accordance with the above provisions.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c(1) <strong><em>For documents containing legal transactions performed by persons unable to sign<\/em><\/strong> because they cannot read or write, by using a seal, an instrument or a fingerprint, to qualify as deeds, they must be drawn up by notaries in the form of a notarial deed.<\/p>\n<p><strong><em>(2) For documents containing legal transactions performed, by using a seal, an instrument or a fingerprint, by persons who can read and write but are unable to sign, to qualify as deeds, they must be certified or drawn up by a notary.<\/em><\/strong><\/p>\n<p>(3) For transactions of persons unable to sign with institutions that customarily conduct business by means of a passbook, it is sufficient that the seal, engraved signature, mark or fingerprint they will use has been impressed on the account book or passbook at the beginning of the transaction, or that a specimen has previously been certified by a notary for safekeeping; separate certification is not required for each transaction.<\/p>\n<p>(4) No fees, taxes or stamp charges shall be collected from the persons concerned for deeds to be <strong><em>certified or<\/em><\/strong> drawn up by notaries in accordance with the above provisions.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 23 \u00b7 CCP Art. 215<\/h3>\n<p>The twenty-third article amends Article 215 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 215 HMK before the amendment: <\/strong>\u201cUse of Documents Against Successors<\/p>\n<p>(1) Documents that may be used as evidence against a person shall also constitute evidence against that person's successors.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c<strong><em>Use of Documents Against Successors and Effect of Private Deeds on Third Parties<\/em><\/strong><\/p>\n<p>Documents that may be used as evidence against a person shall also constitute evidence against that person's successors.<\/p>\n<p><strong><em>With regard to a private deed, the date of presentation, if it has been duly certified by the notary or competent official to whom it was presented; the date of the transaction, if it has been the subject of an official transaction; the date of death, if one of the signatories has died; or the date of the event that made it impossible for one of the signatories to sign, if signing has become factually impossible, shall also have effect against third parties. The dates of other deeds referred to in the private deed shall have effect against third parties only as of the date on which the date of the last deed is accepted as having been certified.<\/em><\/strong>\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 24 \u00b7 CCP Art. 222<\/h3>\n<p>The twenty-fourth article amends Article 222 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 222 HMK before the amendment:<\/strong> \u201c(1) In commercial cases, the court may, of its own motion or upon the request of one of the parties, order the production of the parties' commercial books.<\/p>\n<p>(2) For commercial books to be accepted as evidence in commercial cases, they must have been kept fully and properly in accordance with the law, their opening and closing certifications must have been obtained, and the entries in the books must corroborate one another.<\/p>\n<p>(3) For the entries in commercial books kept in accordance with the conditions set out in the second paragraph to be accepted 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 must contain no entry at all on the relevant matter, or the contrary of the book entries must not have been proven by deed or other conclusive evidence. Entries in favour of and against the owner in books kept in accordance with these conditions cannot be separated from one another.<\/p>\n<p>(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.<\/p>\n<p>(5) Even if one of the parties is not a merchant, that party may state that it will accept the entries in the commercial books of the other party who is a merchant; however, if the opposing party refrains from producing its books, the party requesting production shall be deemed to have proven its claim.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c(1) In commercial cases, the court may, of its own motion or upon the request of one of the parties, order the production of the parties' commercial books.<\/p>\n<p>(2) For commercial books to be accepted as evidence in commercial cases, they must have been kept fully and properly in accordance with the law, their opening and closing certifications must have been obtained, and the entries in the books must corroborate one another.<\/p>\n<p>(3) For the entries in commercial books kept in accordance with the conditions set out in the second paragraph to be accepted 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 <strong><em>the other party must not have produced its commercial books, <\/em><\/strong>or the contrary of the book entries must not have been proven by deed or other conclusive evidence. <strong><em>Where the other party's commercial books kept in accordance with the conditions set out in the second paragraph contain no entry at all on the relevant matter, the commercial books may not be used as evidence in favour of their owner. <\/em><\/strong>Entries in favour of and against the owner in books kept in accordance with these conditions cannot be separated from one another.<\/p>\n<p>(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.<\/p>\n<p>(5) Even if one of the parties is not a merchant, that party may state that it will accept the entries in the commercial books of the other party who is a merchant; however, if the opposing party refrains from producing its books, the party requesting production shall be deemed to have proven its claim.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 25 \u00b7 CCP Art. 281<\/h3>\n<p>The twenty-fifth article amends Article 281 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 281 HMK before the amendment: <\/strong>\u201c(1) Within two weeks from the date on which the expert report is served on them, the parties may request the court to have the expert complete the matters they consider incomplete in the report, to have the expert provide clarification on matters showing ambiguity, or to appoint a new expert.<\/p>\n<p>(2) In order to ensure that the deficiency or ambiguity in the expert report is remedied or clarified, the court may of its own motion obtain a supplementary report from the expert by formulating new questions, or request the expert to give oral explanations at a hearing it will set.<\/p>\n<p>(3) If the court considers it necessary for establishing the truth, it may also have a fresh examination carried out by a newly appointed expert.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c(1) Within two weeks from the date on which the expert report is served on them, the parties may request the court to have the expert complete the matters they consider incomplete in the report, to have the expert provide clarification on matters showing ambiguity, or to appoint a new expert. <strong><em>Where it is very difficult or impossible to prepare the objection to the expert report within this period, or where it requires special or technical work, a party who applies to the court within the same period may be granted an additional period beginning to run from the expiry of the period, once only and not exceeding two weeks.<\/em><\/strong><\/p>\n<p>(2) In order to ensure that the deficiency or ambiguity in the expert report is remedied or clarified, the court may of its own motion obtain a supplementary report from the expert by formulating new questions, or request the expert to give oral explanations at a hearing it will set.<\/p>\n<p>(3) If the court considers it necessary for establishing the truth, it may also have a fresh examination carried out by a newly appointed expert.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 26 \u00b7 CCP Art. 290<\/h3>\n<p>The twenty-sixth article amends Article 290 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 290 HMK before the amendment: <\/strong>\u201c(1) The place and time of the on-site inspection shall be determined by the court. The inspection shall be carried out in the presence of the parties if they attend, and otherwise in their absence.<\/p>\n<p>(2) During the on-site inspection, the court may hear witnesses and experts. Minutes containing all acts performed and statements made during the inspection shall be drawn up. Documents such as plans, drawings and photographs shall also be attached to the minutes.<\/p>\n<p>(3) The court may also have a reconstruction carried out in order to establish how an event may have occurred.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c(1) The place, scope and time of the on-site inspection shall be determined by the court. The inspection shall be carried out in the presence of the parties if they attend, and otherwise in their absence.<\/p>\n<p>(2) During the on-site inspection, the court may hear witnesses and experts. Minutes containing all acts performed and statements made during the inspection shall be drawn up. <strong><em>The judge's observations concerning the subject and site of the inspection shall also be recorded in the minutes. <\/em><\/strong>&nbsp;Documents such as plans, drawings and photographs shall also be attached to the minutes.<\/p>\n<p>(3) The court may also have a reconstruction carried out in order to establish how an event may have occurred.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<\/section>\n<section id=\"hukum-sulh-gider\">\n<h2>Judgment, Settlement, Waiver and Litigation Costs<\/h2>\n<ul class=\"pm-cipler\" aria-label=\"Provisions examined in this section\">\n<li>CCP section heading<\/li>\n<li>CCP Art. 305\/A<\/li>\n<li>CCP Art. 306<\/li>\n<li>CCP Art. 310<\/li>\n<li>CCP Art. 314<\/li>\n<li>CCP Art. 317<\/li>\n<li>CCP Art. 323<\/li>\n<li>CCP Art. 331<\/li>\n<\/ul>\n<h3>Article 27 \u00b7 CCP section heading<\/h3>\n<p>By the twenty-seventh article, the heading of the second chapter of Part Five of the HMK has been changed to \u201cCorrection, Clarification and Supplementation of the Judgment\u201d.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Heading of the chapter before the amendment: <\/strong>Correction and Clarification of the Judgment<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>Heading of the chapter after the amendment: Correction, Clarification and Supplementation of the Judgment<\/p>\n<\/div>\n<\/div>\n<h3>Article 28 \u00b7 CCP Art. 305\/A<\/h3>\n<p>By the twenty-eighth article, Article 305\/A has been added after Article 305 HMK.<\/p>\n<blockquote class=\"pm-kanun\">\n<p>ARTICLE 305\/A: Supplementation of the judgment<\/p>\n<p><strong><em>Each of the parties may, within one month from service of the final decision, request that a supplementary decision be given on matters on which no decision, or only a partial decision, was given although they were raised in the proceedings or had to be included in the judgment of the court's own motion. This decision is open to legal remedies.<\/em><\/strong><\/p>\n<p><cite>CCP Art. 305\/A \u00b7 Text after the proposal<\/cite><\/p><\/blockquote>\n<h3>Article 29 \u00b7 CCP Art. 306<\/h3>\n<p>The twenty-ninth article amends Article 306 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 306 HMK before the amendment: <\/strong>\u201cREQUEST FOR CLARIFICATION AND ITS PROCEDURE<\/p>\n<p>(1) Clarification may be requested from the court that rendered the judgment by a petition to which copies equal to the number of parties are attached. A copy of the petition shall be served on the opposing party, with the period for response determined by the court. The response shall be served on the party requesting clarification.<\/p>\n<p>(2) The court shall decide on the basis of an examination of the file even if no response has been given; however, if it considers it necessary, it may summon both parties to give oral explanations.<\/p>\n<p>(3) If the court finds the request for clarification justified, it shall proceed in accordance with Article 304.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c<strong><em>REQUEST FOR CLARIFICATION AND SUPPLEMENTATION AND ITS PROCEDURE<\/em><\/strong><\/p>\n<p>(1) Clarification <strong><em>or supplementation <\/em><\/strong>may be requested from the court that rendered the judgment by a petition to which copies equal to the number of parties are attached. A copy of the petition shall be served on the opposing party, with the period for response determined by the court. The response shall be served on the party requesting clarification<strong><em> or supplementation<\/em><\/strong> .<\/p>\n<p>(2) The court shall decide on the basis of an examination of the file even if no response has been given; however, if it considers it necessary, it may summon both parties to give oral explanations.<\/p>\n<p>(3) If the court finds the request for clarification<strong><em> or supplementation<\/em><\/strong> justified, it shall proceed in accordance with Article 304.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 30 \u00b7 CCP Art. 310<\/h3>\n<p>The thirtieth article amends Article 310 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 310 HMK before the amendment:<\/strong>\u201d (1) Waiver and acceptance of the claim may be made at any time until the judgment becomes final.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c (1) Waiver and acceptance of the claim may be made at any time until the judgment becomes final.<\/p>\n<p><strong><em>(2) Where the waiver or acceptance is made after the judgment has been delivered, the file shall not be sent for review by the higher court even if the parties have lodged a legal remedy, and the court of first instance or the Regional Court of Appeal shall give a supplementary decision in line with the waiver or acceptance.<\/em><\/strong><\/p>\n<p><strong><em>(3) Where the waiver or acceptance is made after the file has been sent for review on points of law, the Court of Cassation shall, without conducting the review, send the file to the court that rendered the judgment for a supplementary decision to be given on the waiver or acceptance.<\/em><\/strong>\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 31 \u00b7 CCP Art. 314<\/h3>\n<p>The thirty-first article amends Article 314 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 314 HMK before the amendment:<\/strong>\u201d (1) A settlement may be made at any time until the judgment becomes final.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c(1) A settlement may be made at any time until the judgment becomes final.<\/p>\n<p><strong><em>(2) Where the settlement is made after the judgment has been delivered, the file shall not be sent for review by the higher court even if the parties have lodged a legal remedy, and the court of first instance or the Regional Court of Appeal shall give a supplementary decision in line with the settlement.<\/em><\/strong><\/p>\n<p><strong><em>(3) Where the settlement is made after the file has been sent for review on points of law, the Court of Cassation shall, without conducting the review, send the file to the court that rendered the judgment for a supplementary decision to be given on the settlement.<\/em><\/strong>\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 32 \u00b7 CCP Art. 317<\/h3>\n<p>The thirty-second article amends Article 317 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 317 HMK before the amendment:<\/strong>\u201d (1) An action shall be brought, and a defence to the action submitted, by petition.<\/p>\n<p>(2) The period for the defence is two weeks from service of the statement of claim on the defendant. However, where, depending on the circumstances, it is very difficult or impossible to prepare the statement of defence within this period, the court may grant a defendant who applies to the court within the same period an additional period, once only and not exceeding two weeks. The decision on the request for an additional period for the defence shall be notified to the parties immediately.<\/p>\n<p>(3) The parties may not submit a reply or a rejoinder.<\/p>\n<p>(4) The statement of claim and the statement of defence may also be submitted by completing the form to be laid down in a regulation.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c1) An action shall be brought, and a defence to the action submitted, by petition.<\/p>\n<p>(2) The period for the defence is two weeks from service of the statement of claim on the defendant. However, where, depending on the circumstances, it is very difficult or impossible to prepare the statement of defence within this period, the court may grant a defendant who applies to the court within the same period <strong><em>an additional period beginning to run from the expiry of the period for the defence, once only<\/em><\/strong> and not exceeding two weeks. The decision on the request for an additional period for the defence shall be notified to the parties immediately.<\/p>\n<p>(3) The parties may not submit a reply or a rejoinder.<\/p>\n<p>(4) The statement of claim and the statement of defence may also be submitted by completing the form to be laid down in a regulation.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 33 \u00b7 CCP Art. 323<\/h3>\n<p>The thirty-third article amends Article 323 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 323 HMK before the amendment:<\/strong>\u201d (1) The costs of the proceedings are as follows:<\/p>\n<p>a) Hearing, decision and judgment fees.<\/p>\n<p>b) Service and postal expenses incurred on account of the action\u2026\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c(1) The costs of the proceedings are as follows:<\/p>\n<p>a) <strong><em>Application<\/em><\/strong>, decision and judgment fees.<\/p>\n<p>b) Service and postal expenses incurred on account of the action\u2026\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 34 \u00b7 CCP Art. 331<\/h3>\n<p>The thirty-fourth article amends Article 331 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 331 HMK before the amendment:<\/strong>\u201d\u2026(2) Where, after a decision of lack of jurisdiction, lack of venue or referral, the action is continued before another court, that court shall rule on the costs of the proceedings. Where, after a decision of lack of jurisdiction, lack of venue or referral, the action has not been continued before another court, the court before which the action was brought shall, upon request, establish this on the basis of the file and order the claimant to pay the costs of the proceedings.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201d\u2026(2) <strong><em>Where, after a decision of lack of jurisdiction or lack of venue<\/em><\/strong> , the action is continued before another court, that court shall rule on the costs of the proceedings. Where, after a decision of lack of jurisdiction, lack of venue or referral, the action has not been continued before another court, the court before which the action was brought shall, upon request, establish this on the basis of the file and order the claimant to pay the costs of the proceedings.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<\/section>\n<section id=\"istinaf-temyiz\">\n<h2>Appeal (\u0130stinaf) and Cassation Remedies<\/h2>\n<ul class=\"pm-cipler\" aria-label=\"Provisions examined in this section\">\n<li>CCP Art. 341<\/li>\n<li>CCP Art. 353<\/li>\n<li>CCP Art. 356<\/li>\n<li>CCP Art. 358<\/li>\n<li>CCP Art. 359<\/li>\n<li>CCP Art. 362<\/li>\n<\/ul>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Monetary thresholds<\/p>\n<p>The monetary thresholds in this section are the amounts in the text of the proposal; they may not be current owing to revaluation and subsequent amendments.<\/p>\n<\/div>\n<h3>Article 35 \u00b7 CCP Art. 341<\/h3>\n<p>The thirty-fifth article amends Article 341 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 341 HMK before the amendment:<\/strong>\u201d (1) An appeal (istinaf) may be lodged against final decisions of courts of first instance and against decisions given upon objection where requests for an interim injunction or precautionary attachment are rejected or accepted\u2026\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c<strong><em>(1) An appeal (istinaf) may be lodged against the following decisions of courts of first instance:<\/em><\/strong><\/p>\n<p><strong><em>Final decisions.<\/em><\/strong><\/p>\n<p><strong><em>Decisions rejecting requests for an interim injunction or precautionary attachment, interim injunction and precautionary attachment decisions given in the presence of the opposing party, and decisions given upon an objection against interim injunction and precautionary attachment decisions given in the absence of the opposing party.<\/em><\/strong>\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 36 \u00b7 CCP Art. 353<\/h3>\n<p>The thirty-sixth article amends Article 353 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 353 HMK before the amendment:<\/strong>\u201d (1) If, at the end of the preliminary examination, it is established that there is no deficiency in the file;<\/p>\n<p>a) In the following cases, the Regional Court of Appeal shall decide finally, without a hearing and without examining the merits, to set aside the decision and to send the file for a retrial to the court that rendered the decision, to another local court within its jurisdiction that it considers appropriate, or to the court having jurisdiction and venue:<\/p>\n<p>.<\/p>\n<p>.<\/p>\n<p>6) The court having rendered its decision without collecting any of the evidence presented by the parties concerning the merits of the case, or without evaluating the evidence presented at all.<\/p>\n<p>b) In the following cases, concerning the merits of the case;<\/p>\n<p>.<\/p>\n<p>.<\/p>\n<p>3) If the deficiencies in the proceedings are of a nature that can be remedied without a hearing, a fresh decision on the merits after they have been remedied,<\/p>\n<p>shall be given without a hearing.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c<strong>:<\/strong>\u201d (1) If, at the end of the preliminary examination, it is established that there is no deficiency in the file;<\/p>\n<p>a) In the following cases, the Regional Court of Appeal shall decide finally, without a hearing and without examining the merits, to set aside the decision and to send the file for a retrial to the court that rendered the decision, to another local court within its jurisdiction that it considers appropriate, or to the court having jurisdiction and venue:<\/p>\n<p>.<\/p>\n<p>.<\/p>\n<p>6) <strong><em>The court having failed to collect or evaluate evidence so significant that it could affect the resolution of the dispute, or having failed to decide on a significant part of the claim.<\/em><\/strong><\/p>\n<p>b) In the following cases, concerning the merits of the case;<\/p>\n<p>.<\/p>\n<p>.<\/p>\n<p>3) If the deficiencies in the proceedings are of a nature that can be remedied without a hearing, after they have been remedied, <strong><em>a decision rejecting the application on the merits or <\/em><\/strong>a fresh decision on the merits<\/p>\n<p>shall be given without a hearing.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 37 \u00b7 CCP Art. 356<\/h3>\n<p>The thirty-seventh article amends Article 356 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 356 HMK before the amendment:<\/strong>\u201d Decision to Hold a Hearing<\/p>\n<p>Except in the cases set out in Article 353, the examination shall be carried out with a hearing. In that case, the hearing date shall be served on the parties.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201cHolding <strong><em>of a Hearing and<\/em><\/strong> Rendering of the Decision<\/p>\n<p>Except in the cases set out in Article 353, the examination shall be carried out with a hearing. In that case, the hearing date shall be served on the parties.<\/p>\n<p><strong><em>In the courtroom, the Regional Court of Appeal shall give the necessary decisions, including rejecting the appeal on the merits or setting aside the judgment of the court of first instance and delivering a fresh judgment.<\/em><\/strong>\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 38 \u00b7 CCP Art. 358<\/h3>\n<p>The thirty-eighth article amends Article 358 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 358 HMK before the amendment:<\/strong>\u201d (1) In matters examined with a hearing, the summonses issued to the parties shall clearly state that, if they are not present at the hearing, the taking of evidence will be carried out and a decision given in their absence; and the summons to be issued to the appellant shall additionally state clearly that the appellant must deposit, by the hearing date, as an advance, the costs determined by the Regional Court of Appeal in connection with the taking of evidence to be carried out\u2026<\/p>\n<p>\u2026(3) If the appellant fails to attend the hearings without an excuse, or the costs relating to the taking of evidence are not deposited within the time limit, a decision shall be given on the basis of the file as it stands. However, where it is not possible to give a decision without carrying out the envisaged taking of evidence, the application shall be rejected.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c(1) In matters examined with a hearing, the summonses issued to the parties shall clearly state that, if they are not present at the hearing, the taking of evidence will be carried out and a decision given in their absence; and the summons to be issued to the appellant shall additionally state clearly that the appellant must deposit the costs determined by the Regional Court of Appeal in connection with the taking of evidence to be carried out, <strong><em>within a peremptory period of not less than two weeks to be granted, <\/em><\/strong>as an advance\u2026<\/p>\n<p>\u2026<strong><em>(3) Provided that the specified costs have been deposited within the peremptory period granted, if the parties fail to attend the hearing without an excuse, the taking of evidence shall be carried out and a decision given in their absence. If the specified costs are not deposited within the time limit, a decision shall be given on the basis of the file as it stands. However, where it is not possible to give a decision without carrying out the envisaged taking of evidence, the application shall be rejected.<\/em><\/strong>\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 39 \u00b7 CCP Art. 359<\/h3>\n<p>The thirty-ninth article amends Article 359 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 359 HMK before the amendment:<\/strong>\u201d\u2026&nbsp; (2) The operative part of the judgment must set out, under serial numbers and in a clear manner leaving no room for doubt or hesitation, the ruling on each of the claims and the obligations imposed on and the rights granted to the parties, without repeating any part of the reasoning.<\/p>\n<p>(Additional paragraph: 20\/7\/2017-Law No. 7035\/Art. 30) Decisions not open to appeal on points of law shall be served by the court of first instance, and decisions open to appeal on points of law shall be served by the Regional Court of Appeal.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c<strong>:<\/strong>\u201d\u2026&nbsp; (2) The operative part of the judgment must set out, under serial numbers and in a clear manner leaving no room for doubt or hesitation, the ruling on each of the claims and the obligations imposed on and the rights granted to the parties, without repeating any part of the reasoning.<\/p>\n<p><strong><em>(3) In a decision rejecting the application on the merits, the Regional Court of Appeal may confine itself to stating the reasons why the decision complies with the rules of law, provided that it summarises the grounds of appeal raised and explains the reasons for rejection.<\/em><\/strong><\/p>\n<p>(4)(Additional paragraph: 20\/7\/2017-Law No. 7035\/Art. 30) Decisions not open to appeal on points of law shall be served by the court of first instance, and decisions open to appeal on points of law shall be <strong><em>of its own motion<\/em><\/strong> served by the Regional Court of Appeal.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 40 \u00b7 CCP Art. 362<\/h3>\n<p>The fortieth article amends Article 362 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 362 HMK before the amendment:<\/strong>\u201d (1) No appeal on points of law may be lodged against the following decisions of Regional Courts of Appeal:<\/p>\n<p>a) Decisions concerning actions whose amount or value does not exceed forty thousand *1* Turkish Lira (inclusive of this amount).<\/p>\n<p>b) Decisions concerning the actions set out in (Additional wording: 20\/7\/2017-Law No. 7035\/Art. 32) Article 4, except for claims arising from a lease relationship that are open to appeal on points of law by reason of their amount or value, and actions which special laws specify as falling within the jurisdiction of the civil court of peace (except for actions arising from the Condominium Law No. 634 dated 23\/6\/1965 and relating to rights in rem over immovable property).<\/p>\n<p>c) Decisions given to resolve disputes over venue and jurisdiction between courts of first instance within its territorial jurisdiction, and decisions on the designation of the competent court.<\/p>\n<p>c1) Decisions given in non-contentious matters.<\/p>\n<p>d) Decisions concerning actions for the correction of civil registry records, except for actions producing consequences relating to descent.<\/p>\n<p>e) Decisions on the transfer of a case to another court within the same territorial jurisdiction where the judges of the courts of first instance within that jurisdiction face legal or factual impediments to hearing the case.<\/p>\n<p>f) Decisions given on interim legal protection\u2026\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c(1) No appeal on points of law may be lodged against the following decisions of Regional Courts of Appeal:<\/p>\n<p>a) Decisions concerning actions whose amount or value does not exceed forty thousand *1* Turkish Lira (inclusive of this amount).<\/p>\n<p>b) Decisions concerning the actions set out in (Additional wording: 20\/7\/2017-Law No. 7035\/Art. 32) Article 4, except for claims arising from a lease relationship that are open to appeal on points of law by reason of their amount or value, and actions which special laws specify as falling within the jurisdiction of the civil court of peace (except for actions arising from the Condominium Law No. 634 dated 23\/6\/1965 and relating to rights in rem over immovable property).<\/p>\n<p><strong><em>c) Decisions given on the jurisdiction and venue of courts of first instance within its territorial jurisdiction, and decisions on the determination of the competent forum.<\/em><\/strong><\/p>\n<p>c1) Decisions given in non-contentious matters.<\/p>\n<p>d) Decisions concerning actions for the correction of civil registry records, except for actions producing consequences relating to descent.<\/p>\n<p>e) Decisions on the transfer of a case to another court within the same territorial jurisdiction where the judges of the courts of first instance within that jurisdiction face legal or factual impediments to hearing the case.<\/p>\n<p>f) Decisions given on interim legal protection<\/p>\n<p><strong><em>g) Decisions given under subparagraph (a) of the first paragraph of Article 353<\/em><\/strong>\u2026\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<\/section>\n<section id=\"tedbir-tespit-tahkim\">\n<h2>Interim Injunctions, Preservation of Evidence and Arbitration<\/h2>\n<ul class=\"pm-cipler\" aria-label=\"Provisions examined in this section\">\n<li>CCP Art. 390<\/li>\n<li>CCP Art. 391<\/li>\n<li>CCP Art. 393<\/li>\n<li>CCP Art. 394<\/li>\n<li>CCP Art. 397<\/li>\n<li>CCP Art. 398<\/li>\n<li>CCP Art. 402<\/li>\n<li>CCP Art. 436<\/li>\n<li>CCP Art. 440<\/li>\n<li>CCP Provisional Art. 3<\/li>\n<\/ul>\n<h3>Article 41 \u00b7 CCP Art. 390<\/h3>\n<p>The forty-first article amends Article 390 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 390 HMK before the amendment:<\/strong>\u201d (1) An interim injunction shall be requested, before the action is filed, from the court having jurisdiction and venue over the merits and, after the action has been filed, only from the court hearing the main action\u2026\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c(1) An interim injunction shall be requested, before the action is filed, from the court having jurisdiction and venue over the merits and, after the action has been filed, only from the court hearing the main action. <strong><em>Where a foreign state court, an arbitrator or an arbitral tribunal has jurisdiction and venue over the merits, the interim injunction shall be requested from the Turkish courts of the place where the right or thing subject to the request is located\u2026<\/em><\/strong>\u201c This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 42 \u00b7 CCP Art. 391<\/h3>\n<p>The forty-second article amends Article 391 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 391 HMK before the amendment:<\/strong>\u201d\u2026 (3) Where a request for an interim injunction is rejected, a legal remedy may be sought. This application shall be examined with priority and decided finally.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c\u2026<strong><em>(3) A decision rejecting a request for an interim injunction shall be reasoned, and a legal remedy may be sought against it. A party against whom an interim injunction has been ordered in his or her presence may also seek a legal remedy. These applications shall be examined with priority and decided finally.<\/em><\/strong>\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 43 \u00b7 CCP Art. 393<\/h3>\n<p>The forty-third article amends Article 393 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 393 HMK before the amendment:<\/strong>\u201d (1) Enforcement of the interim injunction must be requested within one week from the date on which it was granted. Otherwise, the injunction shall lapse automatically, even if the action has been filed within the statutory period\u2026\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; <strong>:<\/strong>\u201d (1) Enforcement of the interim injunction must be requested <strong><em>within one week from the pronouncement and service of the decision on the party requesting the injunction <\/em><\/strong>&nbsp;. Otherwise, the injunction shall lapse automatically, even if the action has been filed within the statutory period\u2026\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 44 \u00b7 CCP Art. 394<\/h3>\n<p>The forty-fourth article amends Article 394 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 394 HMK before the amendment:<\/strong>\u201d\u2026 (2) The opposing party may, within one week from the enforcement of the injunction if present at the time of enforcement, or otherwise from service of the minutes of enforcement, object before the court that granted the decision with respect to the conditions of the interim injunction, the court's venue and the security\u2026\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201d\u2026 (2) The opposing party may, within one week from the enforcement of the injunction if present at the time of enforcement, or otherwise from service of the minutes of enforcement, object before the court that granted the decision with respect to the conditions of the interim injunction, the court's venue and the security. <strong><em>An objection made after the action on the merits has been filed shall be decided by the court hearing that action<\/em><\/strong>&#8230;\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 45 \u00b7 CCP Art. 397<\/h3>\n<p>The forty-fifth article amends Article 397 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 397 HMK before the amendment:<\/strong>\u201d (1) If the interim injunction was granted before the action was filed, the person requesting the injunction must, within two weeks from the date on which enforcement of the decision was requested, file the action on the merits, have the documents showing that the action was filed placed in the file by presenting them to the officer enforcing the decision, and obtain a receipt in return. Otherwise, the injunction shall lapse automatically<\/p>\n<p>(2) Unless otherwise specified, the effect of the interim injunction shall continue until the final decision becomes final.<\/p>\n<p>(3) If the injunction has lapsed or been lifted, this shall be notified to the relevant authorities.<\/p>\n<p>(4) The interim injunction file shall be deemed an annex to the main case file.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c(1) If the interim injunction was granted before the action was filed, the person requesting the injunction must, within two weeks from the date on which enforcement of the decision was requested, file the action on the merits, have the documents showing that the action was filed placed in the file by presenting them to the officer enforcing the decision, and obtain a receipt in return. Otherwise, the injunction shall lapse automatically.<\/p>\n<p><strong><em>(2) If the interim injunction was granted before an action was filed before a competent foreign state court, arbitrator or arbitral tribunal, the person requesting the injunction must, within one month from the date on which enforcement of the decision was requested, file the action on the merits before the competent foreign state court, arbitrator or arbitral tribunal, have the documents showing that the action was filed placed in the file by presenting them to the officer enforcing the decision, and obtain a receipt in return. Otherwise, the injunction shall lapse automatically.<\/em><\/strong><\/p>\n<p><strong><em>(3)<\/em><\/strong> Unless otherwise specified, the effect of the interim injunction shall continue until the final decision becomes final.<\/p>\n<p><strong><em>(4)<\/em><\/strong> If the injunction has lapsed or been lifted, this shall be notified to the relevant authorities.<\/p>\n<p><strong><em> (5)<\/em><\/strong> The interim injunction file shall be deemed an annex to the main case file.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 46 \u00b7 CCP Art. 398<\/h3>\n<p>The forty-sixth article amends Article 398 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 398 HMK before the amendment:<\/strong>\u201d  (1) A person who fails to comply with an order concerning the enforcement of an interim injunction or who acts in breach of the injunction shall be punished with disciplinary detention of one to six months. The court having jurisdiction and venue is the court that granted the interim injunction if the action on the merits has not yet been filed, and the court hearing that action if the action on the merits has been filed.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c<strong><em>(1) A person who fails to comply with an order concerning the enforcement of an interim injunction or who acts in breach of the injunction shall, upon a complaint filed within six months from the date on which the breach became known, be punished with disciplinary detention of up to six months. The court having jurisdiction and venue is the court that granted the interim injunction if the action on the merits has not yet been filed, and the court hearing that action if the action on the merits has been filed.<\/em><\/strong><\/p>\n<p><strong><em>(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 that person to submit his or her defence and evidence by the hearing date and that, if he or she does not attend the hearing, the proceedings will continue and a decision will be given in his or her absence.<\/em><\/strong><\/p>\n<p><strong><em>(3) The court shall take the defence of the person complained of who attends the hearing, reminding him or her of the rights set out in Article 147 of Law No. 5271.<\/em><\/strong><\/p>\n<p><strong><em>(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 concerning the enforcement of the interim injunction or acted in breach of the injunction, the court shall decide to punish that person with disciplinary detention under the first paragraph; otherwise, it shall decide to reject the complaint.<\/em><\/strong><\/p>\n<p><strong><em>(5) The parties may object to the decision within one week from its pronouncement and service. Where the court that rendered the judgment has more than one chamber in that locality, the objection shall be examined by the chamber that follows it in numerical order, and for the last-numbered chamber by chamber number one; where the court that rendered the judgment has a single chamber in that locality, the objection shall be examined by the nearest court of the same level and status.<\/em><\/strong><\/p>\n<p><strong><em>(6) The authority examining the objection shall give its decision within one week. If the authority finds the objection justified, it shall decide on the merits of the matter. The decision given upon objection is final.<\/em><\/strong><\/p>\n<p><strong><em>(7) Disciplinary detention decisions given under this article may not be enforced until they become final. Final decisions shall be enforced by the Chief Public Prosecutor's Office.<\/em><\/strong><\/p>\n<p><strong><em>(8) Where the conduct in breach of the injunction ends, the requirements of the injunction are fulfilled or the complaint is withdrawn, the proceedings and the penalty shall lapse together with all their consequences.<\/em><\/strong><\/p>\n<p><strong><em>(9) A decision on disciplinary detention may not be enforced once two years have elapsed from the date on which it became final.<\/em><\/strong>\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 47 \u00b7 CCP Art. 402<\/h3>\n<p>The forty-seventh article amends Article 402 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 402 HMK before the amendment:<\/strong>\u201d(1) A request for the preservation of evidence shall be made by petition. The petition shall contain the fact to be established, the questions to be put to witnesses or experts, the reasons giving rise to concern that the evidence will be lost or will be difficult to present, and the name, surname and address of the person against whom the preservation of evidence is requested. If the person making the request cannot identify the person against whom the preservation is to be carried out because the circumstances do not permit it, the request shall be deemed valid.<\/p>\n<p>(2) No further steps shall be taken unless the costs of preservation determined by the court are paid in advance.<\/p>\n<p>(3) If the court finds the request justified, the decision shall be served on the opposing party together with the petition. The decision shall also state how and when the preservation 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.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c(1) A request for the preservation of evidence shall be made by petition. The petition shall contain the fact to be established, the questions to be put to witnesses or experts, the reasons giving rise to concern that the evidence will be lost or will be difficult to present, and the name, surname and address of the person against whom the preservation of evidence is requested. If the person making the request cannot identify the person against whom the preservation is to be carried out because the circumstances do not permit it, the request shall be deemed valid.<\/p>\n<p>(2) No further steps shall be taken unless the costs of preservation determined by the court are paid in advance.<\/p>\n<p>(3) If the court finds the request justified, the decision shall be served on the opposing party together with the petition. The decision shall also state how and when the preservation 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.<\/p>\n<p><strong><em>(4) After the preservation of evidence has been carried out, a copy of the record of preservation and of any expert report shall be served on the opposing party by the court of its own motion.<\/em><\/strong>\u201c This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 48 \u00b7 CCP Art. 436<\/h3>\n<p>The forty-eighth article amends Article 436 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 436 HMK before the amendment:<\/strong>\u201d\u2026 (2) Unless otherwise agreed, the arbitrator or arbitral tribunal may render partial awards.<\/p>\n<p>(3) The arbitral award shall be notified to the parties by the arbitrator or the chair of the arbitral tribunal; in addition, the original of the award shall be sent to the court together with the file and kept by the court.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c\u2026 (2) Unless otherwise agreed, the arbitrator or arbitral tribunal may render partial awards.<\/p>\n<p>(3) <strong><em>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 file and kept by the court.<\/em><\/strong>\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 49 \u00b7 CCP Art. 440<\/h3>\n<p>The forty-ninth article amends Article 440 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 440 HMK before the amendment:<\/strong>\u201d\u2026 (5) No additional arbitrator's fee shall be paid in cases of correction, interpretation or supplementation of the arbitral award\u2026\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c\u2026 (5) <strong><em>Unless otherwise agreed, in cases of<\/em><\/strong> correction, interpretation or supplementation of the arbitral award, no additional arbitrator's fee shall be paid\u2026\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 50 \u00b7 CCP Provisional Art. 3<\/h3>\n<p>The fiftieth article amends Provisional Article 3 HMK.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Provisional Article 3 HMK before the amendment:<\/strong>\u201d\u2026 (2) For decisions rendered before the date on which the Regional Courts of Appeal commenced operation, the provisions of Articles 427 to 454 of Law No. 1086, as they stood before the amendment made by Law No. 5236 dated 26\/9\/2004, shall continue to apply until they become final. (Additional sentence: 01\/07\/2016-Law No. 6723\/Art. 34) Files relating to these decisions may not be sent to the Regional Courts of Appeal\u2026\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c(2) For decisions rendered before the date on which the Regional Courts of Appeal commenced operation, the provisions of Articles 427 to <strong><em>444<\/em><\/strong> of Law No. 1086, as they stood before the amendment made by Law No. 5236 dated 26\/9\/2004, shall continue to apply until they become final. (Additional sentence: 01\/07\/2016-Law No. 6723\/Art. 34) Files relating to these decisions may not be sent to the Regional Courts of Appeal.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<\/section>\n<section id=\"diger-kanunlar\">\n<h2>Amendments Envisaged in Other Laws<\/h2>\n<ul class=\"pm-cipler\" aria-label=\"Provisions examined in this section\">\n<li>Enforcement and Bankruptcy Law Art. 258<\/li>\n<li>Administrative Procedure Law Art. 31<\/li>\n<li>Cadastral Law Additional Art. 6<\/li>\n<li>Law No. 5235 Art. 5<\/li>\n<li>Law No. 5235 Art. 7<\/li>\n<li>Law No. 5684 Art. 30<\/li>\n<li>Law No. 5684 Additional Art. 6<\/li>\n<li>Turkish Commercial Code Art. 4<\/li>\n<li>Consumer Protection Law Art. 73\/A<\/li>\n<li>Consumer Protection Law Provisional Art. 2<\/li>\n<li>Industrial Property Code No. 6769 Art. 156<\/li>\n<\/ul>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Monetary thresholds<\/p>\n<p>The monetary thresholds in this section are the amounts in the text of the proposal; they may not be current owing to revaluation and subsequent amendments.<\/p>\n<\/div>\n<h3>Article 51 \u00b7 Enforcement and Bankruptcy Law Art. 258<\/h3>\n<p>The fifty-first article amends Article 258 of the Enforcement and Bankruptcy Law (\u0130\u0130K).<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 258 of the Enforcement and Bankruptcy Law before the amendment:<\/strong>\u201d\u2026(3) Where a request for precautionary attachment is rejected, the creditor may lodge an appeal (istinaf). The Regional Court of Appeal shall examine this application with priority, and its decision is final.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c\u2026(3)<strong><em>A decision rejecting a request for precautionary attachment shall be reasoned, and an appeal (istinaf) may be lodged against it. A party against whom a precautionary attachment order has been given in his or her presence may also lodge an appeal. The Regional Court of Appeal shall examine these applications with priority, and its decision is final.<\/em><\/strong>\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 52 \u00b7 Administrative Procedure Law Art. 31<\/h3>\n<p>The fifty-second article amends Article 31 of the Administrative Procedure Law (\u0130YUK).<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 31 of the Administrative Procedure Law before the amendment:<\/strong>\u201d In matters not provided for in this Law, the provisions of the Code of Civil Procedure shall apply with respect to the disqualification and challenge of the judge, capacity, the intervention of third parties in the action, third-party notice, the parties' representatives, waiver and acceptance of the claim, security, counterclaims, experts, on-site inspection, preservation of evidence, costs of proceedings, legal aid, the (Amended wording: 02\/07\/2012-Law No. 6352\/Art. 59) measures to be taken against conduct of the parties during the hearing that disturbs the peace and order of the court, and electronic transactions. (Additional sentence: 05\/04\/1990 &#8211; 3622\/Art. 11; Amended sentence: 10\/06\/1994 &#8211; 4001\/Art. 14) However, third-party notice (&#8230;) *1*&nbsp; shall be given of its own motion by the Council of State, the court or the judge. Experts shall be selected from the lists prepared by the regional expert boards, and the Law on Experts and the relevant provisions of the Code of Civil Procedure No. 6100 dated 12\/1\/2011 shall apply to experts\u2026\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201cIn matters not provided for in this Law, the provisions of the Code of Civil Procedure shall apply with respect to the disqualification and challenge of the judge, capacity, the intervention of third parties in the action, third-party notice, the parties' representatives, <strong><em>inspection of the file by the parties and persons concerned, <\/em><\/strong>waiver and acceptance of the claim, security, counterclaims, experts, on-site inspection, preservation of evidence, costs of proceedings, legal aid, the (Amended wording: 02\/07\/2012-Law No. 6352\/Art. 59) measures to be taken against conduct of the parties during the hearing that disturbs the peace and order of the court, and electronic transactions. (Additional sentence: 05\/04\/1990 &#8211; 3622\/Art. 11; Amended sentence: 10\/06\/1994 &#8211; 4001\/Art. 14) However, third-party notice (&#8230;) *1*&nbsp; shall be given of its own motion by the Council of State, the court or the judge. Experts shall be selected from the lists prepared by the regional expert boards, and the Law on Experts and the relevant provisions of the Code of Civil Procedure No. 6100 dated 12\/1\/2011 shall apply to experts\u2026\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 53 \u00b7 Cadastral Law Additional Art. 6<\/h3>\n<p>By the fifty-third article, an article has been added to the Cadastre Law.<\/p>\n<blockquote class=\"pm-kanun\">\n<p><strong><em>ADDITIONAL ARTICLE 6 added to the Cadastre Law: \u201dAn appeal (istinaf) or an appeal on points of law may be lodged, in accordance with the provisions of the Code of Civil Procedure No.&nbsp; 6100&nbsp; dated 12\/1\/2011 and irrespective of the amount or value, against decisions of the cadastral court, decisions of the general courts in actions brought on grounds predating the cadastre after the thirty-day public posting period, and decisions of these courts in actions relating to forest cadastre.\u201d<\/em><\/strong> The decision reads as above.<\/p>\n<p><cite>Cadastral Law Additional Art. 6 \u00b7 Text after the proposal<\/cite><\/p><\/blockquote>\n<h3>Article 54 \u00b7 Law No. 5235 Art. 5<\/h3>\n<p>The fifty-fourth article amends Article 5 of Law No. 5235 on the Establishment, Duties and Powers of First Instance Courts of Ordinary Jurisdiction and Regional Courts of Appeal.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 5 before the amendment:<\/strong>\u201d\u2026 (3) In places where commercial courts of first instance have been established, these courts shall consist of a presiding judge and a sufficient number of members. In disputes whose subject matter can be measured in money, all stages of the proceedings relating to actions and matters with a value in dispute exceeding three hundred thousand Turkish lira, and, irrespective of the value in dispute, to:<\/p>\n<p>matters and actions arising from bankruptcy, (&#8230;)*1*, the lifting of bankruptcy, the closure of bankruptcy, concordat and restructuring *1*,<\/p>\n<p>matters and actions that the judge is to decide finally under the Turkish Commercial Code No. 6102 dated 13\/1\/2011,<\/p>\n<p>actions for annulment and nullity of general assembly resolutions arising from company and cooperative law, liability actions against management and supervisory bodies, actions concerning the dismissal of bodies and the appointment of interim bodies, and actions for termination, dissolution and liquidation,<\/p>\n<p>in arbitration proceedings conducted under the Code of Civil Procedure No. 6100 dated 12\/1\/2011 and the International Arbitration Law No. 4686 dated 21\/6\/2001, objections relating to the arbitration clause, (&#8230;)*1*, actions concerning the appointment and challenge of arbitrators, and actions for the recognition and enforcement of foreign arbitral awards,<\/p>\n<p>shall be conducted and concluded by a panel composed of a presiding judge and two members. Requests for precautionary attachment and interim injunctions made before or after the filing of actions to be heard by the panel shall also be examined and decided by the panel. Disputes other than the actions and matters specified in this paragraph shall be heard and decided by one of the judges of the court. The principles for distribution between the presiding judge and the member judges shall be determined in advance by the presiding judge of the court so as to ensure a balance of workload.<\/p>\n<p>The provisions on the establishment of other civil courts established by special laws are reserved\u2026\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c<strong>:<\/strong>\u201d\u2026 (3) In places where commercial courts of first instance have been established, these courts shall consist of a presiding judge and a sufficient number of members. In disputes whose subject matter can be measured in money, all stages of the proceedings relating to actions and matters with a value in dispute exceeding <strong><em>five hundred <\/em><\/strong>&nbsp;thousand Turkish lira, and, irrespective of the value in dispute, to:<\/p>\n<p>matters and actions arising from bankruptcy, (&#8230;)*1*, the lifting of bankruptcy, the closure of bankruptcy, concordat and restructuring *1*,<\/p>\n<p>matters and actions that the judge is to decide finally under the Turkish Commercial Code No. 6102 dated 13\/1\/2011,<\/p>\n<p>actions for annulment and nullity of general assembly resolutions arising from company and cooperative law, liability actions against management and supervisory bodies, actions concerning the dismissal of bodies and the appointment of interim bodies, and actions for termination, dissolution and liquidation,<\/p>\n<p>in arbitration proceedings conducted under the Code of Civil Procedure No. 6100 dated 12\/1\/2011 and the International Arbitration Law No. 4686 dated 21\/6\/2001, objections relating to the arbitration clause, (&#8230;)*1*, actions concerning the appointment and challenge of arbitrators, and actions for the recognition and enforcement of foreign arbitral awards,<\/p>\n<p>shall be conducted and concluded by a panel composed of a presiding judge and two members. <strong><em>In these matters and actions, the presiding judge of the court may appoint one of the members as a delegated judge to carry out certain specific acts of taking evidence. <\/em><\/strong>&nbsp;Requests for precautionary attachment and interim injunctions made before or after the filing of actions to be heard by the panel shall also be examined and decided by the panel. Disputes other than the actions and matters specified in this paragraph shall be heard and decided by one of the judges of the court. The principles for distribution between the presiding judge and the member judges shall be determined in advance by the presiding judge of the court so as to ensure a balance of workload.<\/p>\n<p>The provisions on the establishment of other civil courts established by special laws are reserved\u2026\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 55 \u00b7 Law No. 5235 Art. 7<\/h3>\n<p>The fifty-fifth article amends Article 7 of Law No. 5235.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 7 of Law No. 5235 before the amendment:<\/strong>\u201d (1) The territorial jurisdiction of civil courts shall be the administrative boundaries of the provincial centre and districts in which they are located and of the districts attached to them for judicial purposes.<\/p>\n<p>(2) In provinces with a metropolitan municipality, the territorial jurisdiction of the civil courts of peace or civil courts of first instance named after the provinces and districts within the boundaries of the metropolitan municipality shall be determined by the High Council of Judges and Prosecutors upon the proposal of the Ministry of Justice, irrespective of provincial and district boundaries.<\/p>\n<p>(3) Taking into account geographical conditions and workload, the High Council of Judges and Prosecutors shall decide, upon the proposal of the Ministry of Justice, on the abolition of a civil court or the alteration of its territorial jurisdiction, and on the determination of the territorial jurisdiction of civil courts whose territorial jurisdiction is not specified in their special laws.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c(1) The territorial jurisdiction of civil courts shall be the administrative boundaries of the provincial centre and districts in which they are located and of the districts attached to them for judicial purposes. <strong><em>However, the territorial jurisdiction of civil courts, including those established under special laws, may be determined by the Council of Judges and Prosecutors upon the proposal of the Ministry of Justice, irrespective of provincial and district boundaries.<\/em><\/strong><\/p>\n<p><strong><em>(2)<\/em><\/strong> Taking into account geographical conditions and workload, the High Council of Judges and Prosecutors shall decide, upon the proposal of the Ministry of Justice, on the abolition of a civil court or the alteration of its territorial jurisdiction, and on the determination of the territorial jurisdiction of civil courts whose territorial jurisdiction is not specified in their special laws.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 56 \u00b7 Law No. 5684 Art. 30<\/h3>\n<p>The fifty-sixth article amends Article 30 of the Insurance Law No. 5684.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 30 of Law No. 5684 before the amendment:<\/strong>\u201d\u2026 (16) Arbitrators must render their decision within four months at the latest from the date of their appointment. Otherwise, the dispute shall be resolved by the competent court. However, this period may be extended with the express written consent of the parties. The arbitrator shall submit the decision to the Director of the Commission. (Amended sentence: 13\/06\/2012-Law No. 6327\/Art. 58) The decision shall be notified to the parties by the Director of the Commission within three working days at the latest; in addition, the original of the decision shall be sent together with the file to the competent court in the place where the Commission is located and kept by the court\u2026\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; \u201c\u2026 (16) Arbitrators must render their decision within four months at the latest from the date of their appointment. Otherwise, the dispute shall be resolved by the competent court. However, this period may be extended with the express written consent of the parties. The arbitrator shall submit the decision to the Director of the Commission. (Amended sentence: 13\/06\/2012-Law No. 6327\/Art. 58) <strong><em>The decision shall be notified to the parties by the Director of the Commission within three working days at the latest; in addition, the original of the decision shall be kept by the Commission together with the file<\/em><\/strong>\u2026\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 57 \u00b7 Law No. 5684 Additional Art. 6<\/h3>\n<p>By the fifty-seventh article, an additional article has been added to the Insurance Law No. 5684.<\/p>\n<blockquote class=\"pm-kanun\">\n<p><strong>ADDITIONAL ARTICLE 6 added to Law No. 5684:<em>\u201d(1) A claim for compensation to be made against institutions&nbsp; or organisations engaged in insurance under this Law, or against the Account, may be pursued only:<\/em><\/strong><\/p>\n<p><strong><em>By the creditor in person,<\/em><\/strong><\/p>\n<p><strong><em>Through the creditor's legal representative or a lawyer to whom the legal representative has personally granted a power of attorney,<\/em><\/strong><\/p>\n<p><strong><em>Through the creditor's spouse, children, mother, father, siblings or lawyer to whom the creditor has personally granted a power of attorney.<\/em><\/strong><\/p>\n<p><strong><em>The authority to pursue the claim covers the procedures to be carried out before the institutions and organisations engaged in insurance or the Account.<\/em><\/strong><\/p>\n<p><strong><em>The compensation claim shall be paid only to the right holder or his or her lawyer and may not be assigned to anyone, including the persons specified in the first paragraph.<\/em><\/strong><\/p>\n<p><strong><em>The procedures and principles for the implementation of this article shall be determined by the Ministry of Treasury and Finance.\u201d <\/em><\/strong>The decision reads as above.<\/p>\n<p><cite>Law No. 5684 Additional Art. 6 \u00b7 Text after the proposal<\/cite><\/p><\/blockquote>\n<h3>Article 58 \u00b7 Turkish Commercial Code Art. 4<\/h3>\n<p>The fifty-eighth article amends Article 4 of the Turkish Commercial Code (TTK).<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 4 of the Turkish Commercial Code before the amendment:<\/strong>\u201d\u2026 (2) In commercial cases, too, evidence and its submission are subject to the provisions of the Code of Civil Procedure No. 6100 dated 12\/1\/2011; the simple procedure shall apply in commercial cases whose amount or value does not exceed one hundred thousand Turkish lira.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; <strong>:<\/strong>\u201d\u2026 (2) In commercial cases, too, evidence and its submission are subject to the provisions of the Code of Civil Procedure No. 6100 dated 12\/1\/2011; the simple procedure shall apply in commercial cases whose amount or value does not exceed <strong><em>five hundred <\/em><\/strong>thousand Turkish lira.\u201d This is the amended wording.<\/p>\n<\/div>\n<\/div>\n<h3>Article 59 \u00b7 Consumer Protection Law Art. 73\/A<\/h3>\n<p>By the fifty-ninth article, Article 73\/A has been added to the Consumer Protection Law (TKHK).<\/p>\n<blockquote class=\"pm-kanun\">\n<p>Article 73\/A of the Consumer Protection Law: \u201dMediation as a Precondition for Bringing an Action<\/p>\n<p><strong><em>In disputes heard by consumer courts, having applied to a mediator before filing the action is a precondition for bringing the action. However, the provisions on mediation as a precondition for bringing the action shall not apply in the following matters:<\/em><\/strong><\/p>\n<p><strong><em>Disputes falling within the jurisdiction of the consumer arbitration committee.<\/em><\/strong><\/p>\n<p><strong><em>Objections to decisions of the consumer arbitration committee.<\/em><\/strong><\/p>\n<p><strong><em>Actions specified in the sixth paragraph of Article 73.<\/em><\/strong><\/p>\n<p>c1) Actions specified in Article 74.<\/p>\n<p><strong><em>d) Disputes that constitute consumer transactions and arise from rights in rem over immovable property.<\/em><\/strong><\/p>\n<p><strong><em>(2) The eleventh paragraph of Article 18\/A of the Law on Mediation in Civil Disputes No. 6325 dated 7\/6\/2012 shall not be applied against the consumer.<\/em><\/strong><\/p>\n<p><strong><em>(3) Where, at the end of the mediation process, the parties cannot be reached, no meeting can be held because the parties are unable to attend, or the parties reach or fail to reach an agreement, the mediation fee payable by the consumer shall be covered from the budget of the Ministry of Justice. However, in the cases specified, the mediation fee may not exceed the fee for two hours under Part One of the Mediation Fee Tariff annexed to the Minimum Mediation Fee Tariff.<\/em><\/strong><\/p>\n<p><strong><em>(4) If the action brought after the mediation process is decided in favour of the consumer, the mediation fee shall be collected from the defendant in accordance with the provisions of Law No. 6183 and recorded as budget revenue.\u201d<\/em><\/strong><\/p>\n<p><cite>Consumer Protection Law Art. 73\/A \u00b7 Text after the proposal<\/cite><\/p><\/blockquote>\n<h3>Article 60 \u00b7 Consumer Protection Law Provisional Art. 2<\/h3>\n<p>By the sixtieth article, a provisional article has been added to the Consumer Protection Law.<\/p>\n<blockquote class=\"pm-kanun\">\n<p><strong>PROVISIONAL ARTICLE 2 OF THE CONSUMER PROTECTION LAW: <em>\u201c(1) The provisions of this Law on mediation as a precondition for bringing an action shall not apply to actions pending before courts of first instance, Regional Courts of Appeal and the Court of Cassation as at the date on which these provisions enter into force.\u201d <\/em><\/strong>The decision reads as above.<\/p>\n<p><cite>Consumer Protection Law Provisional Art. 2 \u00b7 Text after the proposal<\/cite><\/p><\/blockquote>\n<h3>Article 61 \u00b7 Industrial Property Code No. 6769 Art. 156<\/h3>\n<p>The sixty-first article amends Article 156 of the Industrial Property Law No. 6769.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text before the amendment<\/p>\n<p><strong>Article 156 of Law No. 6769 before the amendment:<\/strong>\u201d (1) The competent courts in actions provided for in this Law are the civil courts of intellectual and industrial property rights and the criminal courts of intellectual and industrial property rights. These courts shall be established by the Ministry of Justice, with the favourable opinion of the High Council of Judges and Prosecutors, as single-judge courts at the level of courts of first instance, in places deemed necessary. The territorial jurisdiction of these courts shall be determined in accordance with the provisions of Law No. 5235 dated 26\/9\/2004 on the Establishment, Duties and Powers of First Instance Courts of Ordinary Jurisdiction and Regional Courts of Appeal. In places where no civil court of intellectual and industrial property rights has been established, actions and matters falling within the jurisdiction of that court shall be heard by the civil court of first instance in that place; in places where no criminal court of intellectual and industrial property rights has been established, actions and matters falling within the jurisdiction of that court shall be heard by the criminal court of first instance in that place.<\/p>\n<p>(2) In actions to be brought against all decisions taken by the Office under the provisions of this Law, and in actions to be brought against the Office by third parties harmed by the Office's decisions, the court having jurisdiction and venue is the Ankara Civil Court of Intellectual and Industrial Property Rights.<\/p>\n<p>(3) In civil actions to be brought by the holder of an industrial property right against third parties, the court having venue is the court of the claimant's domicile, or of the place where the unlawful act was committed or where its effects were felt<\/p>\n<p>(4) Where the claimant has no domicile in Turkey, the court having venue is the court of the place of business of the representative registered in the registry on the date on which the action is filed and, if the registration of the representative has been deleted, the court of the place where the Office's headquarters are located.<\/p>\n<p>(5) In actions to be brought by third parties against the holder of an industrial property right, the court having venue is the court of the defendant's domicile. Where the applicant for or holder of the industrial property right has no domicile in Turkey, the fourth paragraph shall apply.\u201d This is the wording.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Text after the proposal<\/p>\n<p>With the amendment made; <strong><em>\u201c(1) The competent courts in actions provided for in this Law are the civil courts of intellectual and industrial property rights and the criminal courts of intellectual and industrial property rights. These courts shall be established by the Ministry of Justice, with the favourable opinion of the Council of Judges and Prosecutors, as single-judge courts at the level of courts of first instance, in places deemed necessary. The territorial jurisdiction of these courts shall be determined by the Council of Judges and Prosecutors upon the proposal of the Ministry of Justice, irrespective of provincial and district boundaries.<\/em><\/strong><\/p>\n<p><strong><em>&nbsp;(2) In places where no civil court of intellectual and industrial property rights has been established, actions and matters falling within the jurisdiction of that court shall be heard by the civil court of first instance; in places where no criminal court of intellectual and industrial property rights has been established, actions and matters falling within the jurisdiction of that court shall be heard by the criminal court of first instance. The civil and criminal courts of first instance that will hear these actions and matters, and the territorial jurisdiction of these courts, shall be determined by the Council of Judges and Prosecutors upon the proposal of the Ministry of Justice, irrespective of provincial and district boundaries.\u201d <\/em><\/strong>The decision reads as above.<\/p>\n<\/div>\n<\/div>\n<h3>Article 62 \u00b7 Entry into force<\/h3>\n<p>This Law shall enter into force on the date of its publication.<\/p>\n<h3>Article 63 \u00b7 Enforcement<\/h3>\n<p>The provisions of this Law shall be executed by the President of the Republic.<\/p>\n<\/section>\n<p class=\"pm-dipnot\">Related legislation: <a href=\"https:\/\/www.mevzuat.gov.tr\/mevzuat?MevzuatNo=6100&amp;MevzuatTur=1&amp;MevzuatTertip=5\" target=\"_blank\" rel=\"noopener\">Code of Civil Procedure No. 6100<\/a> (mevzuat.gov.tr)<\/p>\n<section id=\"sss\" class=\"pm-sss\">\n<h2>CCP Amendment Proposal: Frequently Asked Questions<\/h2>\n<details open>\n<summary>For what purpose was the HMK amendment bill prepared?<\/summary>\n<div>\n<p>According to the article, the bill was prepared to make amendments in line with provisions annulled by the Constitutional Court, to ensure that proceedings are conducted more effectively and efficiently, and to resolve procedural problems raised by practitioners and academics.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Under the bill, when does the two-week period begin after a decision of lack of jurisdiction or lack of venue?<\/summary>\n<div>\n<p>Makalede incelenen 2020 tarihli teklif metnine g\u00f6re s\u00fcre; karar verildi\u011fi anda kesin ise tebli\u011f tarihinden, kanun yoluna ba\u015fvurulmadan kesinle\u015fmi\u015fse kesinle\u015fme tarihinden, kanun yoluna ba\u015fvurulmu\u015fsa ba\u015fvurunun reddi karar\u0131n\u0131n tebli\u011finden itibaren i\u015fler. S\u00fcresinde ba\u015fvurulmazsa mahkeme davan\u0131n a\u00e7\u0131lmam\u0131\u015f say\u0131lmas\u0131na re&#8217;sen karar verir.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>What change does the bill envisage for actions for an unspecified receivable?<\/summary>\n<div>\n<p>Teklife g\u00f6re h\u00e2kim, alaca\u011f\u0131n tam ve kesin olarak belirlenmesinin m\u00fcmk\u00fcn oldu\u011fu an\u0131 tespit ederek davac\u0131ya tahkikat sona ermeden iki haftal\u0131k kesin s\u00fcre verecektir. Bu s\u00fcreye ra\u011fmen talep belirlenmezse dava, talep sonucunda belirtilen miktar \u00fczerinden g\u00f6r\u00fclecek; maddenin \u00fc\u00e7\u00fcnc\u00fc f\u0131kras\u0131 kald\u0131r\u0131larak ba\u015fl\u0131k &#8216;belirsiz alacak davas\u0131&#8217; olacakt\u0131r.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Is it mandatory to deposit the advance for evidence costs when filing an action?<\/summary>\n<div>\n<p>Makalede incelenen teklif metnine g\u00f6re HMK m.120&#8217;ye eklenen f\u0131krayla delil avans\u0131n\u0131n dava a\u00e7arken mahkeme veznesine yat\u0131r\u0131lmas\u0131n\u0131n zorunlu olmad\u0131\u011f\u0131 h\u00fckme ba\u011flanmaktad\u0131r.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Can pleadings be amended (\u0131slah) after a reversal or remand decision?<\/summary>\n<div>\n<p>Under the bill text, when the file is sent back to the first-instance court after a reversal or remand decision, and the court takes a step relating to the investigation, amendment of pleadings will be possible until the investigation ends; however, the legal position created by complying with the reversal decision cannot be undone.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Does the bill make mediation a precondition for actions in consumer disputes?<\/summary>\n<div>\n<p>Under the bill text quoted in the article, applying to a mediator before filing suit will be a precondition for actions in disputes heard by consumer courts. Exceptions include disputes within the jurisdiction of consumer arbitration committees, objections to committee decisions, and disputes arising from rights in rem over immovable property.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Can a remedy be sought against the rejection of an application for an interim injunction?<\/summary>\n<div>\n<p>Under the bill text, a decision rejecting an application for an interim injunction will be reasoned and may be appealed. A party against whom an injunction is granted in its presence may also apply; such applications will be examined with priority and decided with final effect.<\/p>\n<\/div>\n<\/details>\n<\/section>\n<section id=\"iletisim\" class=\"pm-form-kap\">\n<div class=\"pm-form-sol\">\n<p class=\"pm-etiket\">Consultation request<\/p>\n<h2>Do you have a question about the CCP amendments?<\/h2>\n<p>As UTU Hukuk Dan\u0131\u015fmanl\u0131k, we provide legal representation and advisory services in the field of Criminal Law.<\/p>\n<p>Fill in the form and we will call you. You can also contact us directly:<\/p>\n<ul class=\"pm-kanal\">\n<li><a href=\"tel:+905365931600\">+90 536 593 16 00<\/a><\/li>\n<li><a href=\"mailto:bilgi@utuhukuk.com\">bilgi@utuhukuk.com<\/a><\/li>\n<\/ul>\n<\/div>\n<form class=\"pm-form\" data-alan=\"Ceza Hukuku\" novalidate action=\"\">\n<div class=\"pm-alan\"><label for=\"pm-ad\">Full name *<\/label><input id=\"pm-ad\" name=\"ad\" type=\"text\" autocomplete=\"name\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-tel\">Phone *<\/label><input id=\"pm-tel\" name=\"tel\" type=\"tel\" autocomplete=\"tel\" inputmode=\"tel\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-mail\">Email<\/label><input id=\"pm-mail\" name=\"mail\" type=\"email\" autocomplete=\"email\"><\/div>\n<div class=\"pm-alan\"><label for=\"pm-konu\">Your situation in brief<\/label><textarea id=\"pm-konu\" name=\"konu\" rows=\"4\" placeholder=\"For example: I would like to know which provisions of the CCP amendments will apply to my pending case.\"><\/textarea><\/div>\n<div class=\"pm-bal\" aria-hidden=\"true\"><label for=\"pm-web\">Website<\/label><input id=\"pm-web\" name=\"website\" type=\"text\" tabindex=\"-1\" autocomplete=\"off\"><\/div>\n<p><label class=\"pm-onay\"><input name=\"kvkk\" type=\"checkbox\" required> <span>I consent to the processing of my personal data for this request and to being contacted.<\/span><\/label><br \/>\n<button type=\"submit\">Send request<\/button><\/p>\n<p class=\"pm-durum\" role=\"status\" aria-live=\"polite\">\n<input type=\"hidden\" name=\"trp-form-language\" value=\"en\"\/><\/form>\n<\/section>\n<footer class=\"pm-imza\">\n<div class=\"pm-imza-logo\" aria-hidden=\"true\">UTU<\/div>\n<div>\n<p class=\"pm-imza-ad\">UTU Hukuk ve Dan\u0131\u015fmanl\u0131k<\/p>\n<p>Since 2016 it has been providing legal and advisory services in Ankara in many areas, labour law in particular. <a href=\"https:\/\/utuhukuk.com\/en\/criminal-law\/\">Our criminal law practice \u2192<\/a><\/p>\n<p class=\"pm-uyari\">This article is for general information only and does not constitute legal advice. You are advised to consult a lawyer about your specific situation.<\/p>\n<\/div>\n<\/footer>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>6100 say\u0131l\u0131 HMK uyguland\u0131\u011f\u0131 s\u00fcre i\u00e7erisinde kanunun baz\u0131 h\u00fck\u00fcmleri Anayasa Mahkemesince iptal edilmi\u015f olup bu y\u00f6nde gerekli de\u011fi\u015fiklikler yap\u0131lm\u0131\u015ft\u0131r.\u2026<\/p>","protected":false},"author":1,"featured_media":384,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"elementor_canvas","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-130","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-ceza-hukuku"],"_links":{"self":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/130","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=130"}],"version-history":[{"count":6,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/130\/revisions"}],"predecessor-version":[{"id":658,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/130\/revisions\/658"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media\/384"}],"wp:attachment":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=130"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=130"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=130"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}