Articles

Litigation: Law & Practice

1. General


1.1 Legal System
The Turkish legal system is a civil law system that has incorporated elements of Swiss and German law, and is an inquisitorial model. The legal process is conducted through both written submissions and oral arguments. In civil and administrative proceedings, written submissions outweigh oral arguments, whereas the opposite is true for criminal proceedings.
1.2 Court System
Since Turkey is a unitary state, its court system is nationwide. The court system is organised both vertically and horizontally. The vertical structure includes trial courts/first instance courts and appellate courts. The Court of Cassation is the appellate body for civil and criminal proceedings, and the Council of State is the appellate body for administrative proceedings. As of 20 July 2016, Turkey has had a three-tier structure for civil criminal and administrative proceedings with the establishment of regional courts, which will act as a buffer between the courts of cassation and first instance courts. Horizontally, the Turkish civil court system includes both general courts and specialised courts such as family, IP (civil and criminal), execution, consumer, land register, labour, commercial, juvenile and tax courts.

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First published by Chambers and Partners, Global Practice Guides, Litigation, Turkey - Law & Practice 2017.   

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