Türk-Alman Üniversitesi Hukuk Fakültesi Dergisi

Yazarlar: Hamide Özden ÖZKAYA FERENDECİ

Konular:Hukuk

Anahtar Kelimeler:The refusal of the judge,German Civil Procedure Code,Federal German Court,The impartiality of the judge

Özet: The refusal of the judge is regulated by the German Civil Procedure Code - as in the Code of Civil Procedure (Act No. 6100) - , which is considered to be the exception to the judge’s obligation to deal with the case. This exception stems from the fact that the judge should be impartial when handling the case. Therefore, if the impartiality of the judge is doubted, the judge shall be rejected. Sometimes the reason for the refusal of the judge is rejected, making it difficult to decide. Therefore, in our study, we analyzed several Federal German Court Decisions in terms of the refusal of the judge and tried to examine the refusal of the judge with concrete examples.

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