The Code of Civil Procedure (6100 p.) The Second Distinction of the Sixth Part of the First Part, entitled General Provisions, regulates the institution of “Reinstatement”. Provisions on reinstatement, which bring significant changes to the provisions of the HUMK period, 95 and 101. it is Decoded between the items.
Reinstatement (reinstatement, hali sabika irca) is the recognition of the right to perform these works to anyone who cannot perform a transaction for reasons specified in the law or not achieved in the exact time specified by the judge. In this context, reinstatement is a path related to procedural law, and in areas other than procedural law, as a rule, the request for reinstatement will not have an effect.
CONDITIONS
As I mentioned above, our legal system provides an opportunity for judicial subjects who do not perform procedural actions within the time limit to perform such actions in the presence of a number of conditions. As a result of this opportunity provided, the emergence of grievances due to procedural actions that the parties cannot perform for reasons that are not available has been prevented, and the rights of individuals guaranteed by law have been strengthened.
Missed the Deadline for Reasons That Are Not Available
In order for the party to request reinstatement, HMK 95. as stated in the article, first of all, the procedural procedure, which is the basis for the request, should not be carried out for reasons that are not available. The concept of ”reasons that are not available” expressed here should be evaluated subjectively.
In the files that are followed up with a legal representative or lawyer, the legal representative or lawyer will also be able to rely on the reason for reinstatement.
Lack of Opportunity to Apply for Another Legal Way
HMK 95. as stated in the Article, if the same result that is desired to be achieved with the transaction that cannot be done in due time can be achieved through another legal way other than reinstatement, a request for reinstatement cannot be made.
The Application Must Be Made Within the Period
HMK 96. in accordance with the provisions of the article, the request for reinstatement must be made within two weeks from the disappearance of the obstacle.
In first instance and appeal proceedings, it is possible to request reinstatement until the final decision is made at the latest.
APPLICATION PROCEDURE
The request for reinstatement is made with a petition to the authority authorized to examine the procedural procedure that cannot be carried out in due time.
The request for reinstatement does not require postponement of the trial and does not interfere with the execution of the judgment. However, the court examining the request, if it considers the request justified, may decide to postpone the trial or postpone the execution of the judgment, provided that a guarantee is shown.
If necessary, the Court may also decide to postpone the trial without providing a guarantee or to postpone the execution of the judgment.
In the request for reinstatement; full proof is not required, approximate proof is sufficient. In case of acceptance of the request for reinstatement, the Court specifies in its decision which transactions have become invalid. However, transactions that cannot be invalidated by reclamation are also not affected by the request for reinstatement.
The procedural procedure that cannot be carried out in due time must be carried out within the prescribed two-week period in order to request reinstatement.
The expenses incurred due to the reinstatement request are charged to the requesting party.
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