TO CONTACT NOW: 0 541 485 92 48
DECISIONS THAT THE REGIONAL COURT OF COURT MAY MAKE
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 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.
What Happens If the Regional Court of Justice finds the appeal application justified?
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. But Law
According to subparagraph f of paragraph 1 of Article 362 of the Code of Procedure, no appeal can be made against these decisions.
If only one of the parties has applied to the appeal procedure pursuant to the prohibition on making decisions against him, the decision of the court of first instance cannot be changed to the detriment of the party applying for the appeal procedure. This prohibition is not applied in cases where the ex officio investigation principle is valid, such as paternity suits, denial of lineage cases, cases of absolute nullity of marriage, and determination of service.
Stj. Av. Rumeysa Özge Uzkan
TO CONTACT NOW: 0 541 485 92 48
