Türkiye Adalet Akademisi Dergisi

Yazarlar: Cenk AKİL

Konular:Hukuk

Anahtar Kelimeler:Law of civil procedure,Right to appeal,Appeal,Return of the case file

Özet: With the Law About Some Amendments on the Code of Civil Procedure and Some Laws which is dated 22.07.2020 and numbered 7251, a number of amendments have been made on the Code of Civil Procedure. Some of these changes are related to the appeal law. The most important one of these changes is about the circumstances in which the courts of appeal can send the case file to the first instance court. With the amendment, the phrases "without collecting any of the evidence" or "without evaluating any of the evidence" in the provision abrogated were replaced by the phrase "the fact that important evidence that could be effective in the resolution of the dispute was not collected or evaluated or a decision was not made on a significant part of the request". This change brought serious discussions in the doctrine. While some authors found the amendment positive, others stated that it would not be possible to speak of technical appeal in practice from now on and the courts of appeal would eventually become regional supreme courts. In our study, the changes regarding the appeal will be handled in order of articles. While doing this, first the opinions in the doctrine and then our personal opinion about the changes will be included.

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