Business, First Instance Law, First Instance Trade, Cadastre, Magistrate Law, Consumer Courts – from 01.01.2018
The limit of appeal is 3.560 TL
The appeal limit is 47.530 TL
However, against the decisions made in non-pecuniary compensation cases, regardless of the amount or value, the appeal method can be applied.
(The appeal limit between 01 Dec01.2017 and 31 Dec12.2018 was TL 3,110, the appeal limit was TL 41,530; the appeal limit between 02.12.2016 and 31.12.2017 was TL 3,000, the appeal limit was TL 40,000.)
However, against the decisions made in non-pecuniary compensation cases, regardless of the amount or value, the appeal method can be applied.
Executive Civil Court – from 01.01.2018
The limit of appeal is 8.310 TL
The appeal limit is 40.000 TL
(The appeal limit between Dec1.01.2017 and Dec1.12.2018 was TL7,260, the appeal limit was TL 40,000; the appeal limit between 02.12.2016 and 31.12.2017 was TL 7,000, the appeal limit was TL 40,000.)
The current legislation with the version of the amendments introduced in the article texts is as follows:
CIVIL PROCEDURE CODE NO. 6100
Decisions that can be appealed
Article No: 341
(1) In case of final decisions made by the courts of first instance, as well as an injunction, refusal of requests for an injunction and acceptance of these requests, an appeal may be filed against decisions to be made on appeal.
(2) Decisions on cases of assets whose amount or value does not exceed three thousand Turkish liras are final. (Additional sentence: October 24, 2016-6763/41 art.) However, appeals may be filed against decisions made in non-pecuniary compensation cases, regardless of the amount or value. (1)
(3) If a part of the receivable has been sued, the final limit of three thousand Turkish liras is determined in accordance with the entire receivable. (1)
(4) If the entire receivable has been sued, the party whose part of the original request is not accepted in the decision does not exceed three thousand Turkish Liras may not apply for an appeal. (1)
(5) It has been stated that courts of first instance can be appealed in other laws or appealed to the Supreme Court on their rights, and against the final decisions of the district court courts on cases and cases falling within the scope of their duties, the district court courts can be appealed to.
Decisions that cannot be appealed
Article No: 362
(1) The following decisions of the district courts of justice may not be appealed against:
a) Decisions on cases whose amount or value does not exceed forty thousand Turkish liras (including this amount). (1)
b) decisions on cases indicated in Article 4 and cases specified in the special laws (except for cases arising from the Condominium Law dated 23/6/1965 and numbered 634 and related to the same real estate) that fall under the jurisdiction of the magistrate’s court.
c) decisions of first instance courts within the jurisdiction of the authority with jurisdiction for resolving the disputes between the authority and make decisions regarding the determination.
ç) Decisions made in non-contentious judicial affairs.
d) Decisions on cases related to the correction of population records, with the exception of cases with consequences related to the robbery.
e) Decisions on the transfer of the case to another court within that jurisdiction if the judges of the courts of first instance within the judicial environment have legal or actual obstacles to hearing the case.
f) Decisions made on temporary legal protections.
(2) In the event that a part of the receivable has been sued in the decisions in paragraph (a) of the first paragraph, the certainty limit of forty thousand Turkish liras shall be determined according to the entire receivable. In the event that the entire receivable has been sued, the party whose part of the original claim is not accepted in the decision does not exceed forty thousand Turkish Liras has no right to appeal. However, if the other party applies for an appeal, the other party may also appeal the decision with a response petition that it will issue. (1)
PROVISIONAL ARTICLE 3 – (October 31/3/2011-6217/30 art.)
(1) Regional Justice Courts, District No. 5235, dated 26/9/2004 the court of first instance judges of the courts of the courthouse, the organization, in accordance with the provisional Article 2 of the law on powers and duties to be announced in the Official Gazette until the date of the inauguration, 1086 appeal of the applicable provisions of the law shall be applicable.
(2) The provisions of Articles 427 to 454 of the Law No. 1086 of 26/9/2004 and 5236 before the amendment to the Law No. 5236 shall continue to be applied to the decisions that have been appealed against by the district court courts before the date of commencement of office until they are finalized.
(3) In cases where duties are assigned to district court courts in this Law, the provisions of Law No. 1086 that are not contrary to this Law are applied until the date of the commencement of these courts.
Increasing monetary limits
Article No: October 1
(Supplement: October 24, 2016-6763/44 md.)(1) Article 200, 201 Pearl, Pearl 341, 362 369 article in the monetary limits with effect from the beginning of each calendar year, the monetary limits in the previous year; that year in accordance with the provisions of Article 213 of the Tax Procedures Code for 4/1/1961 dated 298 determined each year by the Ministry of Finance announced the Re-valuation by increasing the ratio is applied. Portions of the limits set in this way that do not exceed ten Turkish liras are not taken into account.
(2) the amount at the date of the provision is taken as the basis for the implementation of the monetary limits in Articles 341, 362 and 369, when the legal action is taken in the application of the monetary limits in Articles 200 and 201, when the provision is made in the application of the monetary limits in Articles 341.
ENFORCEMENT AND BANKRUPTCY CODE NO. 2004
Application and examination of the appeal method
Article No:363
(Amended: 2/3/2005-5311/24 art. Executive application form by the tribunal of Article 85, by the Office of the attorney’s fee is calculated and the execution, 103, application form and the substance of the article is organized in the content of the invitation, the trustee of the trustee’s fee for any modification, foreclosure, and The Shape of the enclosure movable property, appraisals complain about, to post collateral in order to participate in the tender and the amount of collateral, the sale of the cessation of sales in the period of the revocation of the proclamation of sale because you are not prompted for the lowering of the sale, 263, article application form, the creation of the bankruptcy administration, the administration of the bankruptcy court against the decisions on complaints about the operations of the enforcement, the officer’s account of the superintendent of bankruptcy fees and costs about compass and other than in accordance with Article 36 of the execution to be turned back against the decisions of related decisions, credited to belong right or the value of the goods supplied or the amount of seven thousand Turkish lira to appeal can be applied. The application period for the path of appeal is ten days from the date of notification or notification. (2)
Article 422 of the Civil Procedure Code applies if it is understood that an appeal has been applied with malice, such as extending the proceedings against the decisions of the executive court.
The provision of the above paragraph also applies to those who apply to the appeal method with malice against a final decision.
The application for an appeal does not stop the enforcement proceedings other than the sale. The documents required for the continuation of the execution are detained and a sample of them is placed in the file to be sent to the district court of justice.
Appeal and examination of the appeal
Article No:364
(Amended: 2/3/2005-5311/25 art.) An appeal may be filed against final decisions issued by the legal departments of the regional court of justice, the amount or value of which exceeds forty thousand Turkish liras.
The appeal and examination of the appeal against the above-mentioned decisions is carried out in accordance with the provisions of the Code of Civil Procedure. In this case, the provisions of the second and third paragraphs of Article 363 shall also apply.
The appeal does not stop the enforcement proceedings, except for the sale
(increasing the monetary limits in articles 119, 226, 326 and 363)
October 1, 2003 – October 17, 2003 Article No.:Appendix No.: Appendix Article 1 (Appendix: 17/7/2003-4949/102 art.)
Article 119 of this law, 226, 326, 363 article and monetary limits; with effect from the beginning of each calendar year, the previous year, the monetary limits for that year in accordance with the provisions of Article 213 of the Tax Procedures Code 298 determined each year by the Ministry of Finance announced the Re-valuation by increasing the ratio is applied. The parts of the limits set in this way that do not exceed tens of millions of pounds are not taken into account.
the provision of Article 363 on the increase of the monetary limit applied in accordance with the above paragraph from the beginning of each calendar year does not apply to cases that were finally decided by the executive court before the date of entry into force of the increase, as well as to cases that were re-examined after the Supreme Court’s decision to overturn it.
LABOR COURTS LAW NO. 5521
Article 8 – An appeal may be filed against the final decisions made by the labor courts. So far, the final decisions on cases whose amount or value does not exceed three thousand Turkish liras are final, except for decisions on cases and works that cannot be evaluated with money.
The period for applying for an appeal is eight days from the date of notification of the final decision to the parties if the decision was made against the person, and if it was made in their absence.
Decisions of the district court of justice on cases and works that cannot be evaluated with money, as well as final decisions on cases whose amount or value exceeds forty thousand Turkish Liras, can be appealed within eight days starting from the date of notification.
Decisions referred to by law are decided by the district court of justice and the Supreme Court within two months.
The first and third paragraphs in the monetary limits with effect from the beginning of each calendar year, the monetary limits in the previous year; that year in accordance with the provisions of Article 213 of the Tax Procedures Code for 4/1/1961 dated 298 determined each year by the Ministry of Finance announced the Re-valuation by increasing the ratio is applied. Portions of the limits set in this way that do not exceed ten Turkish liras are not taken into account. The amount at the date of the provision is taken as the basis for the application of monetary limits.
REVALUATION RATE
Official Gazette No : 30237
Official Gazette Date : 11/11/2017
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