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ARTICLE · 13 APRIL 2021

Significant Amendments To Preliminary Examination

Gün + Partners
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Civil Procedure Code No. 6100 ("CPC") entered into force on 01 October 2011 by replacing the former Civil Procedure Code No. 1086. One of the most significant mechanisms introduced by the CPC...

TurkeyLitigation, Mediation & Arbitration

Civil Procedure Code No. 6100 ("CPC") entered into force on 01 October 2011 by replacing the former Civil Procedure Code No. 1086. One of the most significant mechanisms introduced by the CPC was preliminary examination.

Under Turkish law, first stage of a trial is the initiation of a lawsuit and exchange of petitions, which is followed by the preliminary examination. During the preliminary examination, the court examines the causes of action, initial objections, points of dispute; and takes action to gather evidence and allow parties to submit evidence. The court further makes preparatory work and encourages parties to settlement or mediation at this stage.

Law No. 7251 on Amendment of the Civil Procedure Code and Certain Laws ("Amendment Law") entered into force upon publication in the Official Gazette (31199) on 28 July 2020, and it introduced, among others, significant amendments on preliminary examination.

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