HUK307

School of Law \ Law

3

4

Compulsory

Turkish

-

Bachelor of Laws

This course examines the fundamental concepts, principles, and practices of civil procedural law. Procedural law plays a decisive role in the enforcement of rights within the field of private law. In this course, topics such as how rights are asserted through courts in cases of rights violations within the scope of private law, how lawsuits are filed, the processes of responding to lawsuits, types of cases, and the stages of litigation are thoroughly analyzed. Additionally, the course provides information on how cases are followed, the duties and authorities of courts, the conditions for filing lawsuits, and the procedures of litigation.

1-Arslan, Ramazan/Yılmaz, Ejder/Taşpınar Ayvaz, Sema/Hanağası, Emel: Civil Procedural Law, Updated 10th Edition, Ankara 2024
2-Arslan, Ramazan/Yılmaz, Ejder/Taşpınar Ayvaz, Sema/Hanağası, Emel: Code of Civil Procedure, Updated 12th Edition, Ankara 2025
3-Arslan, Ramazan/Yılmaz, Ejder/Taşpınar Ayvaz, Sema/Hanağası, Emel: Practical Studies in Civil Procedural Law, Updated 22nd Edition, Ankara 2024
4-Atalı, Murat/Ermenek, İbrahim/Erdoğan, Ersin: Civil Procedural Law Textbook, 7th Edition, Ankara 2024
5-Budak, Ali Cem/Karaaslan, Varol: Civil Procedural Law, 8th Edition, Istanbul 2024
6-Görgün, Şanal L./Börü, Levent/Kodakoğlu, Mehmet: Civil Procedural Law, 13th Edition, Ankara 2022
7-Kuru, Baki/Aydın, Burak: Civil Procedural Law Textbook Written According to the Appeal System, 8th Edition, Ankara 2023
8-Pekcanıtez, Hakan/Atalay, Oğuz/Özekes, Muhammet: Civil Procedural Law Textbook, 12th Edition, Istanbul 2024
9-Tanrıver, Süha: Civil Procedural Law, Volume I: Fundamental Concepts and First Instance Proceedings, 6th Edition, Ankara 2024

With this course, students are introduced for the first time to a procedural law aimed at implementing private law, despite having primarily studied substantive law— "private law" in this context—up to this stage. The course aims to familiarize students with strict and formal rules of procedural law and to help them understand various procedural law concepts and terms such as "freedom to seek justice," "legal protection," "fair trial," and "access to justice." The course examines where, how, and in what manner private law proceedings are conducted; judicial remedies; competent and authorized courts; judicial personnel; the manner of conducting proceedings; the principles governing proceedings; and the stages of litigation, with the goal of ensuring students gain comprehensive knowledge of these topics.

1. Learns the fundamental principles and rules of civil procedural law and connects these rules with different types of cases and judicial processes.
2. Understands the procedural rules used to determine the jurisdiction and authority of courts and applies them accurately.
3. Becomes proficient in the processes of filing lawsuits, preparing petitions, and responding to lawsuits.
4. Grasps the fundamental principles governing procedural law (e.g., fair trial, freedom to seek justice) and understands how these principles are implemented.
5. Analyzes the judicial processes conducted in courts, identifies types of cases, and categorizes various kinds of lawsuits.
6. Familiarizes themselves with the Turkish judicial system and the organizational structure of civil judiciary.
7. Gains the ability to critically evaluate civil procedural law regulations.
8. Discusses and generates solutions for theoretical and practical issues encountered in civil procedural law.
9. Develops an understanding of established case law in the field of civil procedure and applies it to resolve specific disputes.

Week 1: General information about civil procedure law, definition of procedural law, its purpose, its place among branches of law
Week 2: Application of procedural rules in terms of place and time, interpretation of procedural rules, dispute resolution methods, and mediation
Week 3: Contested vs. non-contested procedures, judicial avenues, court organization, judicial officers, the profession of judge, prohibition of judges and rejection of judges
Week 4: Principles governing the trial, rights and obligations of the parties, procedural actions, deadlines, restoration, notification
Week 5: Regulations regarding the jurisdiction and competence of courts, characteristics of these rules, decisions of incompetence and lack of jurisdiction and their consequences, specifying the court, and letters rogatory
Week 6: Theory of litigation, general information about the case, the concept of parties, party and litigation capacity, authority to follow the case, attorneyship in litigation
Week 7: The concept of conditions for a lawsuit, its characteristics, general and specific conditions for lawsuits, types of lawsuits based on the legal protection requested from the court, action for performance and action for determination, constructive lawsuits
Week 8: Types of lawsuits based on the amount of the request, accumulation of cases, lawsuits for uncertain receivables, partial lawsuits, alternative and elective lawsuits
Week 9: Opening a lawsuit and its consequences, statement of claim
Week 10: Prohibition of changing the lawsuit and defense, and its exceptions, response to the lawsuit, contents of the response petition, consequences of not submitting a response petition, prohibition of changing the defense - petition stage
Week 11: Preliminary examination stage (scope and procedures to be carried out)
Week 12: Investigation

• Midterm 40 %
• Final 60 %