TÜRKIYE Law and Practice Contributed by: Faruk Aktay and Ayşe Müge Aktay, Aktay Law Firm
7. Trials and Hearings 7.1 Trial Proceedings
resorting to this method, the court may issue an injunction without requesting security. 6.5 Respondent’s Worldwide Assets and Injunctive Relief If the interim injunction is to be applied for assets in other countries, it is applied by evaluating the national laws and international norms of the countries. There must be recognition between countries. The decisions of the Turkish courts must also be accepted on the basis of that coun- try. It is possible to say that such measures are dependent on international law and the domes- tic law of the relevant countries. 6.6 Third Parties and Injunctive Relief Enforcement against third parties is possible, but there are certain conditions. In order to request enforcement against third parties, these persons must have a direct impact on the property or right that is the subject of the lawsuit. If the third party acts with the intention of adversely affect- ing the case proceedings, a preliminary injunc- tion will be issued against them. 6.7 Consequences of a Respondent’s Non-compliance Certain sanctions are imposed against persons who do not comply with the court’s decision. If the person who does so violates the injunc- tion, they may be held responsible for the dam- age suffered by the other party and may be held liable for compensation. It is possible to apply for enforcement to fulfil the interim injunction. If the person who does not comply with this rule acts against the authority of the court, other measures may be applied.
Court proceedings are oral and written. The law- suit is initially filed with a written petition stating the plaintiff’s claims, allegations and evidence. The defendant then submits a reply petition stat- ing their claims. The court sets a hearing date after examining these petitions. Hearings are usually open and oral statements are also possible at this stage. During the hearing, the court listens to the wit- nesses and experts presented by the parties. The court makes a decision after these pro- cesses. It justifies the decision and notifies the parties in writing. According to this decision, the parties may apply for appeal and cassa- tion respectively. These processes are usually conducted in writing but if deemed necessary, a hearing may be held. 7.2 Case Management Hearings There are provisions under the CPC and related legislation on case management hearings. Court proceedings include procedures related to hear- ings, interim applications and court proceed- ings. The short hearing system includes interim requests and interim measures. In the petition, the parties specify their requests for interim measures or interim requests. After the court sets a date for a short hearing, they present their views in a fast-track process. They make an oral defence on the basis of the hearing. Following these submissions, the court announces the decision either on the day of the hearing or within a short period of time. The court may organise a case management hear- ing upon request or on its own. These hearings are usually held at the beginning of the case. The
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