Preliminary Examination In Procedural Law: Will The New Code Speed Up Lawsuits?

Turkish law has, undoubtedly, reached a crossroads. The unrelenting manner in which principal codes – such as the Code of Obligations, Commercial Code and Civil Procedural Code – have been changed in their entirety will have a tremendous impact on the practice of law. Lawmakers have not avoided introducing totally new approaches and concepts to all of these legal regimes in an effort to modernize codes that are decades old, and this is quite evident in the new Civil Procedural Code that will enter into force on 1 October 2011 (the "New Code").

Enacted on 18 June 1927, the former Civil Procedural Code is a translation of the then-applicable procedural code of the Canton de Neuchatel from Switzerland (the "Old Code"). Over eighty-one years in force, the Old Code developed a fairly coherent system for the practice of civil procedural law through precedents established by the Court of Appeals and through contributions made by scholarly opinion. It is, therefore, not