Civil Procedure Code at Turkey
In Turkey, the Civil Procedure Code is known as the Hukuk Muhakemeleri Kanunu (HMK), which translates to the Code of Civil Procedure. The HMK was enacted on October 12, 2011, and it came into effect on January 1, 2012, replacing the previous Code of Civil Procedure that had been in force since 1950. The HMK regulates the procedures for civil litigation in Turkish courts and sets out the rules governing the handling of civil disputes.
Here are the key features of the Turkish Civil Procedure Code (HMK):
1. General Provisions
The HMK establishes the general principles of civil procedure, including the right to access to justice, the principle of equality of the parties, and the right to a fair trial. It also emphasizes the principle of contradictory proceedings, meaning that all parties must be allowed to present their arguments and evidence in court.
2. Jurisdiction
The HMK defines the jurisdiction of courts in civil cases, determining which court has the authority to hear particular disputes. In Turkey, civil cases are generally handled by First Instance Courts (Asliye Hukuk Mahkemesi), while appeals are heard by Appeal Courts (Bölge Adliye Mahkemesi). For certain specialized matters, there are specific courts (e.g., family courts, commercial courts).
The HMK also provides rules for international jurisdiction, determining which Turkish court has jurisdiction over cross-border civil matters.
3. Initiating a Civil Action
A civil action is initiated by filing a petition of claim (dava dilekçesi) with the relevant court. The petition must clearly state the claim, the facts, and the legal grounds for the lawsuit.
The defendant is served with the petition, and they have the opportunity to submit their defense. In certain cases, there may be preliminary hearings to determine whether the case is ready for trial.
4. Court Procedure
The HMK outlines two primary phases of court proceedings: written proceedings and oral proceedings.
Written procedure: In simpler cases, or in cases where the court believes it is necessary, the proceedings can be conducted in writing. Parties submit their written statements, evidence, and legal arguments.
Oral procedure: In more complex cases, or where the court determines an oral hearing is required, the parties present their case in person during a trial. The court will hear the evidence, examine witnesses, and review documents.
5. Evidence
The HMK provides detailed rules on the presentation of evidence. The parties are responsible for presenting their own evidence, which may include documents, witness testimonies, expert opinions, and physical evidence.
The court plays an active role in gathering evidence when necessary, and it may appoint expert witnesses or conduct investigations to clarify the facts of the case.
6. Judgment
After considering all the evidence and arguments, the court renders its judgment (karar), which resolves the dispute between the parties. The judgment may include various remedies, such as monetary compensation, injunctions, or other forms of relief.
If the court issues a judgment in favor of the plaintiff, the enforcement of the judgment can take place through various measures, such as garnishment of wages or seizure of property.
7. Appeals
The HMK provides for an appeal process for dissatisfied parties. Appeals are generally made to the Appeal Courts (Bölge Adliye Mahkemesi), which review the judgment from the lower courts. Appeals are typically based on points of law, fact, or both.
Further appeals may be made to the Court of Cassation (Yargıtay), which is the highest judicial body in Turkey. The Court of Cassation's role is primarily to ensure consistency in the interpretation and application of the law, and it does not rehear the case's facts.
8. Enforcement of Judgments
If a party fails to comply with a judgment, the HMK allows for the enforcement of the court's decision through various legal means, including seizure of assets, wage garnishment, or auctioning of property. The enforcement process is overseen by the Execution and Bankruptcy Offices (İcra İflas Daireleri).
9. Alternative Dispute Resolution (ADR)
The HMK encourages the use of alternative dispute resolution (ADR) mechanisms, such as mediation, to resolve disputes without going to trial. The law encourages parties to attempt mediation before proceeding with litigation in certain types of cases, such as family law or labor disputes.
Mediation is considered a voluntary process, although, in some cases, parties may be required to attend a preliminary mediation session.
10. Time Limits and Deadlines
The HMK sets strict time limits for filing claims, responding to motions, and appealing judgments. These deadlines are critical to ensuring that cases are heard in a timely manner and that no party is unfairly delayed or denied their legal rights.
The law also provides rules for prescription (statutes of limitation) for various civil claims, specifying the maximum time period within which a claim can be filed.
11. Small Claims Procedure
The HMK includes provisions for a small claims procedure (basit yargılama usulü) designed to expedite the resolution of minor disputes. This simplified process reduces the formality and cost of litigation for claims that do not exceed a certain monetary threshold.
12. Special Procedures
The HMK provides for specialized procedures for particular types of civil cases, such as disputes over commercial contracts, family law matters, and property disputes. Each of these types of cases may have specific procedural rules, including rules for temporary measures (e.g., injunctions) and the recognition of foreign judgments.
Summary
The Hukuk Muhakemeleri Kanunu (HMK) is a comprehensive and modern code that regulates civil litigation in Turkey. It ensures fairness, transparency, and efficiency in resolving civil disputes. The law provides for clear rules on the initiation and conduct of civil cases, the presentation and evaluation of evidence, the appeal process, and the enforcement of judgments. Additionally, it encourages the use of alternative dispute resolution (ADR) methods and has provisions for small claims and specialized procedures. The HMK aims to create a balanced and accessible system of justice for all parties involved in civil disputes.
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