TÜRKIYE Law and Practice Contributed by: Faruk Aktay, Ayşe Müge Aktay and İrina Gül Coşkun, Aktay Law Firm
unless excused through a successful request for rein- statement, results in loss of the right to appeal. Upon review, the Court of Cassation may affirm the judgment, reverse it and remit the case for retrial, or correct minor legal errors and uphold the decision. 10.4 Issues Considered by the Appeal Court at an Appeal The Regional Court of Appeal may review both factual and legal aspects of the first-instance judgment. It reassesses the existing evidence but, as a rule, does not collect new evidence and conducts the review pri- marily on the case file, holding a hearing only where necessary. New claims or defences cannot be raised on appeal. However, matters that must be examined ex officio, issues of public order, or supervening facts or legal changes may be considered if they affect the out- come. At the cassation stage, the Court of Cassation con- ducts only a legal review, examining whether the law has been correctly applied without re-evaluating the facts or evidence. 10.5 Court-Imposed Conditions on Granting an Appeal Appeals are subject to the procedural requirements set out in the CPC. The appellate court does not impose discretionary conditions, but an appeal will only be admitted if statutory prerequisites are met. These include filing the appeal within the two-week deadline, paying the required fees and costs, and sub- mitting a petition that identifies the alleged legal errors and the parts of the judgment being challenged. If these requirements are not satisfied, the appeal is procedurally rejected. In cases of curable formal defects, the court may grant a short period to remedy the deficiency; however, the statutory time limit for fil- ing the appeal itself cannot be extended. 10.6 Powers of the Appellate Court After an Appeal Hearing After reviewing an appeal, the appellate court may uphold the first-instance judgment, amend it, or
reverse it in whole or in part. If the record is sufficient, the Regional Court of Appeal may also decide the case on the merits and issue a new judgment. Other- wise, a reversal results in the file being remitted to the first-instance court for retrial in line with the appellate court’s legal reasoning. At the cassation stage, the Court of Cassation con- ducts only a legal review. It may affirm the judgment, reverse it and return the case for retrial, or correct minor legal errors and uphold the decision. The appel- late courts may hold a hearing if necessary, but they do not collect new evidence, except in narrow circum- stances at the regional appeal level. Partial affirmance or partial reversal is also possible, with non-finalised sections being reheard. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation Under Articles 323–326 of the CPC, litigation costs are borne by the unsuccessful party. The prevailing party is entitled to recover court fees; service and notification expenses; expert, witness and discov- ery costs; and the statutory attorney’s fee set by the minimum fee tariff. Contractual attorney’s fees agreed between a lawyer and client are not recoverable from the opposing party. Where each party partially succeeds, costs are appor- tioned in proportion to their respective success or fail- ure. Cost determinations may be challenged through appeal or cassation together with the judgment. 11.2 Factors Considered When Awarding Costs When awarding costs, the court primarily considers the outcome of the case in accordance with Articles 323–326 of the CPC. A party who fully prevails is enti- tled to recover the necessary litigation expenses from the losing party, while in cases of partial success the costs are apportioned proportionately. If a counterclaim has been filed, its costs are assessed separately based on the result of that claim. The court also excludes expenses it deems unnecessary
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