HUK308

School of Law \ Law

3

4

Compulsory

Turkish

-

Bachelor of Law

This course is a continuation of the Civil Procedure Law I course and covers the stages of the trial process after the preliminary examination. The content of the course includes detailed discussions on fundamental trial stages such as 'investigation,' 'oral proceedings,' 'judgment,' and 'appeals.' Additionally, important topics such as concepts related to evidence law, types of evidence, burden of proof, inadmissible evidence, and the evaluation of evidence are examined. The process of decision-making by courts, the elements of a decision, the avenues for parties to apply, and special cases of litigation are also part of the course. Furthermore, temporary legal protection measures, alternative dispute resolution methods, and arbitration are also thoroughly covered.

1- Arslan, Ramazan/Yılmaz, Ejder/Taşpınar Ayvaz, Sema/Hanağası, Emel: Civil Procedure 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 Procedure Law, Updated 22nd Edition, Ankara 2024
4- Atalı, Murat/Ermenek, İbrahim/Erdoğan Ersin: Civil Procedure Law Textbook, 7th Edition, Ankara 2024
5- Budak, Ali Cem/Karaaslan, Varol: Civil Procedure Law, 8th Edition, İstanbul 2024
6- Görgün, Şanal L./Börü, Levent/Kodakoğlu, Mehmet: Civil Procedure Law, 13th Edition, Ankara 2022
7- Kuru, Baki/Aydın, Burak: Civil Procedure Law Textbook Written According to the Appeal System, 8th Edition, Ankara 2023
8- Pekcanıtez, Hakan/Atalay, Oğuz/Özekes, Muhammet: Civil Procedure Law Textbook, 12th Edition, İstanbul 2024
9- Tanrıver, Süha: Civil Procedure Law, Volume I, 4th Edition, Ankara 2021; Volume II, 2nd Edition, Ankara 2022

This course, presented as a continuation of Civil Procedure Law I, will introduce in detail the stages of the trial process, including 'investigation,' 'oral proceedings,' 'judgment,' and 'appeals.' An important part of the course is dedicated to evidence law; in this context, the evidence that the parties will use to prove their claims and defenses will be examined, and topics such as types of evidence and the burden of proof will be discussed. Additionally, special situations encountered in cases and temporary legal protection measures, which are of great importance in practice, will also be covered. At the end of the course, alternative dispute resolution methods such as arbitration, which is an alternative to state jurisdiction, and mediation, which is a non-judicial dispute resolution method, will be discussed. In this way, it is aimed that students will grasp all stages of the trial process and key procedural law concepts while learning various resolution methods.

1. Gains mastery over the stages of litigation in civil procedure law. Understands the course of action to take in case of a violation of rights.
2. Understands the importance of properly exercising the right to prove, due to the burden of proof, the obligation to present evidence, and especially the existence of strict rules of evidence in civil procedure law.
3. Learns how to evaluate types of evidence and analyzes the situations encountered in practice.
4. Learns about litigation costs and legal aid, and analyzes their impact on the trial process.
5. Knows the process of decision-making in court, the elements that must be included in the decision, and the avenues for the parties to apply.
6. Understands when a court decision becomes a "final judgment" and the significance of this.
7. Learns the types of temporary legal protection measures (precautionary measures, evidence preservation, etc.) and their conditions for application, and grasps their role in practice.
8. Learns how legal remedies such as appeal and cassation and understands the critical points in applying these processes.
9. Knows alternative methods of dispute resolution and can compare them with state litigation.
10. Can discuss and develop solutions for issues encountered in theory and practice in civil procedure law

Week 1: Principles Governing the Trial, Preliminary Examination, General Overview of Investigation, Proof and Evidence, Right to Prove, Burden of Proof, Admission
Week 2: Documents and Promissory Notes, Rules and Exceptions of Proof by Promissory Notes
Week 3: Oath, Witness, Expert, Inspection, Evidence Agreement
Week 4: Trial and Judgment, Preliminary Issues, Suspensive Issues
Week 5: Joinder of Parties, Separation and Consolidation of Lawsuits, Intervention in Lawsuits, Notification of Lawsuits
Week 6: Withdrawal from Lawsuit, Admission, Settlement, Transfer of Subject Matter of Lawsuit
Week 7: Counterclaim, Amendment, Removal of Case from Process, Security, Preliminary Objections
Week 8: Temporary Legal Protection Measures (Precautionary Measures, Evidence Preservation), Introduction to Legal Remedies, Appeal
Week 9: Cassation, Correction of Judgment
Week 10: Final Decision, Renewal of the Trial
Week 11: Clarification and Correction of Judgment, Litigation Costs and Legal Aid
Week 12: Simplified Trial Procedure, Non-Contested Trial, Arbitration, Mediation

• Midterm 40%
• Final 60%