General Principles of the Code of Civil Procedure No. 6100
Entrance
The Code of Civil Procedure No. 6100 (HMK) , which forms the basis of civil procedural law in the Turkish judicial system , entered into force on October 1, 2011. This law replaced the Code of Civil Procedure No. 1086 (HUMK) of 1927 and adopted a judicial approach consistent with the requirements of a modern legal system. The fundamental aim of the HMK is to guarantee individuals' right to seek justice by ensuring fair, effective, and timely trials
This article will examine in detail the general principles of the Code of Civil Procedure, the innovations it has introduced, its systematic approach, and the new contributions it has made to legal practice.
Reasons for the Adoption of the Code of Civil Procedure
The Code of Civil Procedure No. 1086 served as the fundamental law of Turkish civil litigation for many years. However, over time,
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diversification of social relations,
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technological advancements,
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The need for compliance with European Union norms
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demand for speed in justice services
For reasons such as these, the Code of Civil Procedure (HUMK) was found to be insufficient.
Therefore, a new law was prepared with the aim of modernizing the judicial process, and the Code of Civil Procedure 6100 filled this gap.
The new law has particularly emphasized the principles of the right to a fair trial , procedural efficiency , equality of parties , and transparent proceedings
General Structure and Systematics of the Code of Civil Procedure
The Code of Civil Procedure consists of a total of 7 books and 447 articles . The law aims to both facilitate the process of seeking justice for individuals and to balance the workload of the courts.
The general structure of the law is as follows:
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Book One: The Principles Governing Justice and the Jurisdiction of Courts
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Book Two: Case and Trial Procedures
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Book Three: Evidence
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Book Four: Legal Remedies (Appeal, Cassation, Retrial)
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Book Five: Provisional legal protections (precautionary measures, provisional attachment)
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Book Six: Arbitration
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Book Seven: Various, Provisional and Final Provisions
Thanks to this structure, the judicial process according to its stages , ensuring consistency in practice.
Key Innovations Introduced by the Code of Civil Procedure
1. Establishing a Legal Foundation for the Appeal System
The Code of Civil Procedure (HMK) has made the transition to a two-tiered judicial system permanent. Now, first-instance court decisions can be reviewed by the Regional Court of Appeals (BAM) in both legal and factual terms. This has both reduced the margin of error and directed the Court of Cassation, as the appellate court, solely to its function of establishing precedents.
2. Distinction Between Simplified Trial Procedure and Written Trial Procedure
In order to expedite judicial proceedings under the Code of Civil Procedure, cases are now heard according to two basic procedures :
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Simplified Trial Procedure: Applied to cases of less importance and low stakes.
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Written Trial Procedure: This method is applied in more comprehensive cases with a wealth of evidence and allegations.
This distinction is a concrete example of procedural economy.
3. Electronic Notification and Digitalization
With the Code of Civil Procedure the electronic notification system has gained legal basis. This has prevented delays and established a fast and secure notification system.
This regulation, combined with the e-Government and e-Hearing projects, the digital judicial era .
4. Emphasis on the Principle of Presentation by the Parties
It is explicitly stipulated that the judge cannot independently consider evidence and facts not presented by the parties.
This strengthens the judge's impartiality and clarifies the boundaries in the judicial process.
5. Expanding the System of Temporary Legal Protections
Institutions such as precautionary measures, provisional attachment, and evidence gathering have been made more effective.
This has helped prevent potential loss of rights before the conclusion of a lawsuit.
Fundamental Principles in the Code of Civil Procedure
🟢 Right to a Fair Trial (Article 27)
The parties have the right to a fair trial in court and to freely present their claims and defenses.
The court a reasoned explanation for its decision.
🟢 Right to a Fair Hearing (Article 27/2)
The parties have the right to be informed, to make statements, and for the court to consider these statements.
🟢 Principle of Procedural Economy (Article 30)
The judge is obligated to conduct the trial within a reasonable time and without incurring unnecessary expenses.
🟢 Principle of Presentation by the Parties (Article 25)
The parties bring the case material (evidence, facts); the judge cannot conduct an investigation on their own initiative.
🟢 Principle of Economy (Article 24)
The parties are free to decide whether to file a lawsuit, to withdraw from the lawsuit, or to accept it.
These principles ensure both balance and efficiency in the judicial process.
The Impact of the Code of Civil Procedure on Substantive Law
Although the Code of Civil Procedure is a procedural law , in practice it directly affects substantive law. For example;
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of res judicata (Article 303) prevents the parties from filing a lawsuit again on the same matter.
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regarding the burden of proof (Article 190) directly affect the substantive rights of the parties.
Therefore, violations of procedural rules can sometimes lead to the loss of rights.
In short, the principle that "procedure takes precedence over substance" has been systematized with the Code of Civil Procedure.
Code of Civil Procedure and Judicial Independence
One of the most important aspects of the law is that it strengthens judicial independence. The establishment of courts, their duties, and the manner in which judges exercise their judicial authority are clearly regulated, preventing interference from the executive branch. Furthermore, the rule that no new courts can be established without the positive opinion of the Council of Judges and Prosecutors (HSK) has institutionalized judicial independence
Trial Process in the Code of Civil Procedure
According to the Code of Civil Procedure, the judicial process consists of the following stages:
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Initiation of the lawsuit (Articles 118 et seq.)
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Service of the lawsuit petition and response
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Preliminary review
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Investigation (gathering of evidence)
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Oral trial and verdict
Each of these stages is designed to provide equal opportunities for all parties.
In particular, the "preliminary examination" stage helps define the boundaries of the case early on, thus speeding up the proceedings.
The Relevance of the Code of Civil Procedure in Today's World
Today, the Turkish Code of Civil Procedure (HMK) has become not just a law, but a standard for the administration of justice . Supported by institutions such as mediation, conciliation, and electronic hearings, the judicial process has been adapted to the needs of the digital age.
Also with the changes made after 2020:
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The scope of the exact deadlines has been expanded,
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Out-of-court proceedings have been moved to electronic platforms
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Judicial holiday regulations have been simplified.
These regulations the accessibility and transparency .
Conclusion
The Code of Civil Procedure No. 6100 has brought a modern, swift, and fair trial system to the Turkish judicial system. It has both protected the parties' right to seek justice and increased the efficiency of the courts. Today, the Code of Civil Procedure functions not merely as a collection of procedural rules, but as a guide to the application of justice
The foundation of justice is correct procedure; and the foundation of procedure the principles established by the Code of Civil Procedure.
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