The Time of the Appeal Coincides with the Judicial Holiday, The Time of Filing the Petition of Appeal – The Decision of the Supreme Court

SUPREME COURT 15. law office
2018/2122 E.
2018/1173 K.

Due to the case between the plaintiffs 1-… 2-… and the defendant …, which is the court of first instance Dec. As a result of the appeal application of the Civil Court of First Instance for the decision dated 29.06.2017 and numbered 2016/486-2017/204 … Regional Court of Justice. As the application for appeal granted by the Legal Department was not made during the application period, the decision to reject it was examined by the Court of Cassation, requested by the defendant’s attorney, the papers in the file were read, talked about and thought about as necessary:

decision

The decision made by the court of first instance was notified to the defendant party on 17.07.2017 and the application for appeal was made on 08.09.2017. In cases and cases subject to judicial holidays, if the expiration of the periods prescribed by this Law coincides with the vacation time, these periods shall also be deemed to have been extended by one week from the day the judicial vacation ends without the need for a decision. (HMK 104/1) If the period is determined as a week, month or year, it ends at the holiday time of the corresponding day in the last week, month or year on the day it started. (HMK 92/2) HMK 104. August September 1st, when the new judicial year starts, the calculation of a week must be made not from the date of September 31st, when the judicial year ends, but because it is regulated in the article that the period will be considered extended by one week from the day the holiday ends. Thursday Thursday September 7, 2018 is the last day of the extended period since the last day of the judicial holiday in this case is also the date that coincides with Thursday.

There is an opinion in the teaching that the one-week period will be calculated from the day the holiday ends, and the last day of the extended period is the date of September 7th. (Prof. Dr. L. Şanal Görgün/Asst. Assoc. Dr. Levent Bör/Asst. Assoc. Dr. Barış Toraman/Dr. Mehmet Kodakoğlu-Civil Procedural Law 6. edition sf. 215, 2017). There are also decisions in the application of the Court of Cassation that accept that the last day of the term is September 7. (Example: 2. HD. 2016/365 E. 2017/654 K. 3. HD. 2015/15249 And 2015/16810 K, 4. HD. 2015/14837 E. 2017/5939 K, 15. HD.2016/6210 E. 2016/5175 K, 11. HD. 2015/11749 And 2016/8966 K, 14. HD. 2016/5439 E 2016/9213 K, 19. HD. 2015/17494 E 2016 7567 K )

The duration of the application for appeal against the decision of the court of first instance HMK 345. according to the article, it is two weeks from the date of notification and after this period of judicial vacation has expired, an appeal petition has been filed. Without a decision made by the court of first instance based on whether the application for appeal was within the time limit, an appeal was filed by the legal department of the regional court of justice, to which the file was sent, within the time limit of the decision issued on the rejection of the application for appeal, since it was not within the time limit.

HMK 346/1 by the court that makes the decision if the application for appeal is not in time. in accordance with the article, a decision should be made on the rejection of the application for appeal. If the file has been sent to the regional court of justice without being decided in this way, in accordance with the decision to combine the case law dated 01.06.1990 numbered 1989/3 basis, 1990/4, the rejection of the application for appeal may be decided by the legal department of the regional court of justice without the need to translate the file to its place. Although the decision to combine this case law was made due to the provisions of the HUMK, similar regulations in the CCP also require the same interpretation and conclusion, so they should also be applied in terms of appeals and appeals in accordance with the provisions of the CCP.

The articles in the file, the evidence on which the decision is based, and all appeals that are not in place according to the necessary reasons in accordance with the law, with the rejection of the provision that is in accordance with the procedure and the law HMK 370. to be APPROVED in accordance with Articles, HMK 302/5 and 373. by observing the provisions of the article, it was unanimously decided to send the file to the court of first instance and a sample from the decision to the Legal Department of the Regional Court of Justice, to be final on 27.03.2018.

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