Types of Courts: Comparison of Civil Courts of First Instance and Magistrates' Courts — Legal Guide(2026)

Types of Courts: Comparison of Civil Courts of First Instance and Magistrates' Courts — Legal Guide(2026)

In the Turkish legal system civil courtsplay a critical role in resolving disputes. Within this framework, Civil Courts of First Instance and Magistrates' Courtsexercise their duties and powers according to the type of case. However, in practice, confusion frequently arises between parties and lawyers regarding which court handles which type of case, how jurisdiction is determined, and the differences in litigation procedures. This article will compare Civil Courts of First Instance and Magistrates' Courts in detail; their duties, powers, types of cases, litigation procedures, evidence gathering, and trial methods .

1. Types of Courts: General Framework

The Turkish judicial system is structured within the framework of the Constitution and the Code of Civil Procedure No. 6100. In terms of civil cases, the most fundamental distinction is made between the Courts of First Instance and the Magistrates' Courts

• Civil Courts of First Instance: These courts handle more serious and relatively high-value cases; typically covering matters such as debts exceeding 100,000 TL, family law, and inheritance cases

• Civil Courts of Peace: These courts handle simpler, lower-value cases that are expected to be resolved quickly; for example, rental disputes, alimony cases, and simple debt collection cases.

1.1. Legal Basis

• Civil Courts of First Instance: Articles 3 and 4 of the Code of Civil Procedure

• Peace Courts: Articles 3 and 5 of the Code of Civil Procedure

This distinction defines the boundaries of duties and powers and ensures that cases are brought before the correct court.

2. Areas of Responsibility

2.1. Civil Courts of First Instance

The duties of the Civil Courts of First Instance are as follows:

1. Commercial and Civil Cases:

   • Breach of contract, debt and receivables, commercial disputes

   • Resolution of the parties' claims within the framework of the Code of Civil Procedure and the Turkish Code of Obligations

2. Family Law and Inheritance:

   • Alimony cases, divorce cases (Civil Court of First Instance, in some cases before a family court is established)

   • Inheritance distribution, estate and heirship cases

3. Real Estate and Property Lawsuits:

   • Title deed cancellation and registration lawsuits

   • Issues of condominium ownership and joint ownership

4. Other Complex Cases:

   • Employment contract termination lawsuits

   • Insurance contracts and compensation claims

2.2. Civil Courts of Peace

Civil Courts handle cases of lower value and those requiring faster resolution :

1. Rent and Eviction Cases:

   • Disputes regarding residential and commercial leases

   • Speedy trial in release requests

2. Alimony and Family Law Simple Procedures:

   • Alimony, child support

   • Custody cases and requests for interim measures

3. Simple Debt and Receivables Cases:

   • Claims up to 108,000 TL (the lower limit may vary according to the Code of Civil Procedure)

   • Small receivables proven by documents such as promissory notes, checks, and invoices

4. Requests for Interim Measures:

   • Provisional measures, attachment and seizure on immovable property

   • Decisions of the Civil Court of Peace are generally swift and enforceable

3. Differences in Authority and Responsibilities

3.1. Competent Court

• Civil Court of First Instance: The competent court is determined according to the merits of the case; the domicile of the parties, the contractual address, or the location of the immovable property is important.

• Civil Court: The civil court generally over the place where one of the parties to the case resides .

3.2. Distinction Between Competent and Authorized Courts

• Competent court: This is determined by law which type of court has jurisdiction.

• Competent court: Determines which branch or district within the competent court will hear the case.

Example: Debt collection case for 80,000 TL → Civil Court of Peace, Istanbul Anatolian Courthouse → relevant branch competent

4. Procedures for Filing a Lawsuit

4.1. Filing a Lawsuit in the Civil Court of First Instance

• Preparation of the petition: According to Article 194 of the Code of Civil Procedure, the petition must contain legal elements.

• Presentation of evidence: Written evidence, witness testimony, expert reports, and electronic evidence.

• Court costs: There are no low costs; court fees and attorney fees apply.

4.2. Filing a Lawsuit in the Civil Court of Peace

• Petition: Can be in a simpler format; a power of attorney is not required in some cases.

• Presentation of evidence: In simple debt and rental cases, written documents are often sufficient.

• Fast resolution: Magistrates' courts aim to conclude the case within 1–3 months.

5. Evidence Gathering and Trial Procedures

5.1. Civil Court of First Instance

• Detailed examination of evidence: The court evaluates witnesses, expert opinions, and documents one by one.

• Expert witness: Required for technical matters or medical evidence.

• Duration: Longer, results may be obtained between 6–12 months.

5.2. Civil Court of Peace

• Simple evidence review: Documents such as invoices, promissory notes, and rental agreements are often sufficient.

• Witnesses and expert witnesses: Used only when necessary.

• Duration: Expedited trial, usually 1–3 months

6. Precautionary Measures and Comparison

6.1. Civil Court of First Instance

• In complex and high-value cases, precautionary measures

• Applicable to real estate, bank accounts, and high-value receivables

6.2. Civil Court of Peace

• Rapid action measures

• Eviction, minor seizure, and temporary injunctions on real estate

6.3. Comparison

7. Case Law and Application Examples

7.1. Supreme Court Decisions

1. Civil Court of First Instance: In high-value debt cases, the court has thoroughly examined the evidence presented by the party and deemed an expert report mandatory (Supreme Court 13th Civil Chamber, Case No. 2020/2567, Decision No. 2020/4056).

2. Civil Court of Peace: In simple rent and eviction cases, the court, in writing...

   1. It provided a quick solution with the relevant documents (Supreme Court 19th Civil Chamber, Case No. 2021/1124, Decision No. 2021/2450).

   7.2. Strategy in Implementation

   • Low-value cases → Magistrates' Court

   • Complex and high-value cases → Civil Court of First Instance

   • If a preliminary injunction is to be requested → It must be determined in advance which court can make the decision

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   8. Practical Suggestions

   1. Clearly define the value and type of the case.

   2. Identify the competent court. Pay attention to the distinction between the court with jurisdiction and the court with authority.

   3. Prepare your petition and evidence in advance.

   4. Get a quick resolution at the Magistrates' Court, expect a detailed review at the Civil Court of First Instance.

   5. Add the requests for precautionary measures to the file.

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   9. Conclusion

   In Turkey, the civil judicial system operates with a division into Civil Courts of First Instance and Magistrates' Courts , depending on the nature of the cases

   • Civil Courts of First Instanceare effective in complex and high-value cases.

   • Civil Courts of Peaceare effective in cases involving low value and requiring quick resolution.

   The parties must choose the correct court according to the type of case; they should determine their evidence gathering and interim injunction strategies accordingly. Following the Code of Civil Procedure and case law is critical for ensuring the correct court and the correct procedure are applied.