Commercial Dispute Resolution under Turkish Law: Rules,
Developments and Insights
Turkish civil litigation is a unique system where the concepts
and practices of civil law meet with the ones originating from
Turkish law. Along with the classical and common judiciary concepts
and practices among civil law systems, Turkish law envisages a
sui generis concept called "enforcement proceedings
without judgment". This frequently-resorted type of
enforcement action is native to Turkish law and differs from
similar concepts in terms of its application and scope.
Turkish civil litigation system operated within two levels of
judicial scrutiny with the first one applied at the first instance
courts' level and the second one before the Court of Cassation.
This was until 2016 when the Regional Appellate Courts entered into
service as the third one situated in between the initial and the
ultimate judicial scrutiny. This is a positive development in terms
of legal security.
