WHAT ARE THE LAWS?
It is the judge's duty to first evaluate the laws and apply them to the concrete case. However, judges' margin of error when applying the laws regulated in our law is not zero. It is certainly possible that some rights will be lost and wrong decisions will be made due to incorrect evaluation of the provisions of the law.
There may be unlawfulness, error, injustice or deficiency in the judgment or decision given by the judge. The final decisions given by the first instance courts are not final as a rule and are decisions that can be appealed to the higher audit court.
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Both the defendant and the plaintiff party of the case can apply for legal remedies provided that they have legal benefits and meet the conditions in our laws. In case of the rejection of the final decisions of the courts and the requests for interim injunction, and the acceptance of these requests, as a rule, legal remedies can be applied against the decisions to be made upon objection.
In our country, a single-stage legal remedy system has been implemented in the Code of Civil Procedure for judicial decisions. Judgment mechanism; It consisted of two levels: the courts of first instance (local courts) and the Supreme Court (court of appeal). However, with the regulation that entered into force on 20 July 2016, the judicial mechanism; The first instance courts (local courts), appeal courts (regional courts of appeal) and the Supreme Court (appeal authority) have been formed into a structure consisting of three levels.
Both financial and legal compliance inspections can be carried out under the supervision of legal remedies. While appeal examination can be carried out both in material and legal compliance examination, only in compliance examination can be done in appeal examination.
Legal ways in our law ordinary remedies ve extraordinary remedies It is divided into two.
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Ordinary remedies are remedies applied against decisions that have not yet been finalized. Resorting to legal remedies in terms of personal law, family law and the cases arising from the same of the immovable will prevent both the finalization and execution of the decisions made in terms of those cases.
Ordinary remedies appeal, appeal, objection ve decision correctiond. However, the correction of the judgment was already in place in the system of the Code of Civil Procedure. With the Law of Civil Procedure, which is currently in force, the ordinary remedy of decision correction has been abolished.
Extraordinary remedies shall be challenged against final court decisions. Extraordinary remedy in civil proceedings renewal of the proceedings, objection of the Chief Public Prosecutor of the Court of Appeals, for the benefit of the lawd.