TÜRKIYE Law and Practice Contributed by: Faruk Aktay, Ayşe Müge Aktay and İrina Gül Coşkun, Aktay Law Firm
Aktay Law Firm Levent Mah Yapı Kredi Plaza, B Blok Kat:11 Beşiktaş İstanbul Türkiye
Tel: +90 212 216 40 00 Email: info@aktay.av.tr Web: www.aktay.av.tr
1. General 1.1 General Characteristics of the Legal System The Turkish legal system is based on civil law. Civil proceedings generally follow an adversarial mod- el under the Civil Procedure Code (CPC), although courts retain limited inquisitorial powers – particularly regarding evidence and fact-finding. Written submis- sions, including petitions, statements and supporting evidence, form the core of the process, as Turkish law places primary emphasis on written argumentation. Oral hearings also take place, during which judges may seek clarifications and parties may present brief oral statements. 1.2 Court System In the Turkish legal system, courts operate within defined jurisdictions. The system consists of three branches: judicial, administrative and constitutional. The judicial branch hears private law disputes and criminal matters. It includes civil courts of peace and civil courts of first instance, as well as specialised divi- sions such as commercial, labour, family, and con- sumer courts, alongside criminal courts of various levels. The administrative branch adjudicates disputes involving public authorities through administrative and tax courts. Appeals are reviewed by the regional administrative courts (“BİM”) and ultimately by the Council of State.
Proceedings begin with the claimant’s petition, fol- lowed by the defendant’s response, generally due within two weeks of service. Timelines differ by case type; simplified civil procedures may conclude initial phases within approximately two months, while first- instance criminal cases follow Ministry of Justice tar- Hearings are generally open to the public under the principle of publicity, allowing third parties to observe proceedings and learn the outcome. However, several exceptions apply. Courts may order all or part of a hearing to be held in private where required by public morality, public security, or the protection of minors. Hearings before juvenile courts are closed under the Child Protection Law. get durations of around 300–390 days. 1.3 Court Filings and Proceedings Case files themselves are not open to the general public; access is limited to the parties and their attor- neys. Courts may also restrict disclosure of sensitive information – such as personal data, family matters, or trade secrets – when necessary to protect confi- dentiality. 1.4 Legal Representation in Court Under Article 3 of the Attorneyship Law, only licensed attorneys may appear before Turkish courts. To obtain such authorisation, a lawyer must be a Turkish citizen, hold a law degree from a Turkish faculty of law (or a recognised foreign degree supplemented by man- datory Turkish law courses), complete the statutory traineeship, establish domicile within the bar associa- tion’s jurisdiction, and satisfy the general conditions of professional fitness.
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