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In cases where the regional court of appeal finds the decision of the court of first instance to be lawful in terms of procedure and substance, it decides to reject the appeal application on the merits. Although the decision to reject the appeal application is similar to the approval in the appeal, it is not an approval in technical sense because if the decision of the regional court of appeal is among the decisions that are subject to appeal, the decision of the first instance court is not finalized.

If the Regional Court of Justice finds the appeal application justified

If the regional court of appeal finds the appeal justified, there are different decisions it can make. If the appellate authority realizes that there is a procedural defect at a level that will affect the examination of the merits during the trial of the first instance court, it decides that the decision of the first instance court is lifted and the file is sent to the first instance court. Except for a procedural defect, a referral decision cannot be made due to the incorrect application of substantive law rules.

If the regional court of appeal finds the appeal application to be justified on the merits, it may decide to accept the case partially or completely with the annulment of the decision of the first instance court, or to reject the case partially or completely by repealing the decision of the first instance court.
If the conditions are met, temporary legal protection measures can be decided upon the request of the parties in the appeal examination. However, according to subparagraph f of paragraph 1 of Article 362 of the Code of Civil Procedure, no appeal can be made against these decisions.

Prohibition of Making Adverse Decisions

If only one of the parties has applied to the appeal procedure pursuant to the prohibition of making a decision against the objection, the decision of the court of first instance cannot be changed to the detriment of the party applying for the appeal. This prohibition is not applied in cases where the principle of official investigation is valid, such as paternity suits, denial of lineage cases, cases of absolute nullity of marriage, and determination of service.

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Özlem Zennup Özkök

Arb. Av. Özlem Zennup Özkök, 2010 yılında Bilkent Üniversitesi Hukuk Fakültesi’nden mezun olmuştur. Bursa Barosu’na kayıtlı avukat ve arabulucudur. Türkiye’nin önde gelen hukuk bürolarında edindiği şirketler hukuku ve birleşme-devralma deneyiminin ardından Bursa’da Özkök Hukuk Bürosu’nu kurmuştur. Aile hukuku, şirketler hukuku ve gayrimenkul uyuşmazlıkları alanlarında çalışmaktadır.

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