What is Appeal? In which Cases is Appeal Applied?
What is Appeal? In Which Cases is Appeal Applied? Appeal is a legal process that allows decisions made by first instance courts to be reviewed by a higher court, the Regional Courts of Justice, in terms of both material facts and legal aspects. Regulated in the 8th section of the Civil Procedure Law No. 6100, appeal can be used under certain conditions. It is not possible to appeal except in cases explicitly stated in the law.
Decisions That Can Be Appealed
We can categorize the decisions that can be appealed under two main headings:
- Final decisions
- Decisions regarding precautionary measures and precautionary attachment requests
- Decisions rejecting precautionary measure and precautionary attachment requests
- Decisions on precautionary measures and precautionary attachments given in the presence of the opposing party
- Decisions made upon objection to precautionary measure and precautionary attachment orders given in the absence of the opposing party
Appeal Process with Izmir Lawyers
To appeal, non-finalized court decisions are needed. According to the law, decisions related to property disputes not exceeding 3,000 TL “are final and cannot be appealed. However, in moral compensation cases, an appeal can be made regardless of the amount. If only a part of the claim is sued, the 3,000 TL” finality limit is determined based on the entire claim.
The appeal process is open for final decisions in cases and matters within the jurisdiction of regional courts of justice, which are stated to be appealable or subject to Supreme Court review from first instance courts. By working with Izmir lawyers, you can manage your application process in detail and accurately.
Decisions That Can Be Made as a Result of Appeal Review
Regional Courts of Justice can make different decisions as a result of the appeal review:
- If it is concluded that the rejection decision of the first instance court is unjust, the case may be partially or fully accepted.
- If the first instance court has partially or fully accepted the case and this decision is deemed unjust, the acceptance decision can be overturned and the case can be rejected.
- In cases where the court has made the right decision in terms of procedure and substance but there are some errors or deficiencies, the decision can be corrected by addressing these deficiencies.
- If it is determined that the application is not timely and procedurally correct, the appeal application may be rejected.
- It may be decided to overturn the local court decision without examining it on its merits and return it for re-evaluation.
Get Professional Legal Support in the Appeal Process
Appeal applications are a complex process that requires detailed legal knowledge and attention. With our Izmir lawyer team, you can manage this process in the most accurate way and defend your rights completely. As Gürbüz Law, we are by your side with our experienced team in appeal applications. You can contact us for detailed information about your case.
