The Scope and Characteristics of Civil Courts of Peace

Entrance

Peace Courts are first-instance courts in the Turkish judicial system responsible for resolving small-scale or private legal disputes between individuals . These courts are a cornerstone of social peace and the judicial system, as they generally decide cases arising from daily life

The Civil Courts of Peace, whose jurisdiction is determined within the framework of the Code of Civil Procedure No. 6100 and the Law on the Establishment of Courts No. 4787 , handle both contested and non-contentious judicial matters

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Definition of the Civil Court of Peace

The Civil Court of Peace is a type of general court, like the Civil Court of First Instance, but its jurisdiction is limited by law.
It cannot hear cases other than those explicitly specified in the law.

These courts typically handle cases of low monetary value , arising from neighborhood disputes , rental agreements , possession , inheritance , and uncontested legal matters

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Area of ​​Responsibility

The jurisdiction of the Civil Courts of Peace is clearly regulated in Article 4 of the Code of Civil Procedure.
Accordingly, the following cases and matters fall within the jurisdiction of these courts:

1. Rental Law Cases

• Determining the rental price,

• Termination of the lease agreement,

• Eviction cases,

• Lawsuits regarding rent receivables.

For example, the collection of unpaid rent by a tenant or an eviction request by a landlord are heard in the Civil Court of Peace.

2. Possession Cases

• Protection or restoration of possession in cases of breach of actual control over immovable property.
  In such cases the actual control (possession) that is protected, not the ownership .

3. Dissolution of Joint Ownership (Izale-i Şuyu)

• These are lawsuits filed to terminate joint ownership of real or movable property . The court may decide on sale or partition in kind.
  

4. Opening the Will

• A will is opened by a civil court judge and served to the interested parties.

5. Absence, Age Correction, Judicial Maturity

• These are non-contentious legal matters that require the determination of a person's specific circumstances.

6. Certificate of Inheritance (Probate Certificate)

• It handles the process of determining the heirs of the deceased.
  This process is non-contentious.

7. Neighborhood Law Disputes

• Lawsuits arising from neighborhood disputes such as walls, boundary violations, trees, noise or light obstructions.

8. Guardianship Matters

• The process of identifying the person to be placed under guardianship, appointing a guardian, and monitoring guardianship.

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Characteristics of Civil Courts of Peace

1. Simplified Trial Procedure Applied

The trial process in Magistrates' Courts is faster than in Civil Courts of First Instance.
Most cases a simplified procedure ; there are fewer petitions and shorter hearings.

2. Close Relationship with Public Order

The non-contentious matters assigned to the judge (e.g., guardianship, inheritance certificates) relate to public order. Therefore, the judge may gather evidence ex officio in accordance with the principle of independent investigation

3. The judge has broad discretionary power

Especially in family and inheritance matters, the judge is not limited to the statements of the parties; if necessary, he/she may request a social investigation report.

4. The scope of work is defined

The Civil Court of Peace can only hear cases specified in the law; otherwise, a decision of lack of jurisdiction .

5. Fast Decision-Making Mechanism

Cases are usually a single judge .
This speeds up the decision-making process and ensures procedural efficiency.

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Role in Non-Contentious Judicial Proceedings

Civil Courts of Peace are central to non-contentious judicial proceedings in the Turkish legal system . These courts make decisions to determine or regulate a legal situation, even if there is no dispute between the parties

Examples:

• Issuance of inheritance certificate,

• Placement under guardianship,

• Name or surname change,

• Declaration of absence.

In these cases, the court is not bound by the parties' claims; the principle of ex officio investigation applies.

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Jurisdictional Conflicts and Assignment of Authority

Sometimes doubts arise as to whether a case falls within the jurisdiction of the Civil Court of First Instance or the Magistrates' Court.
In such cases, the judge issues a ruling of lack of jurisdiction, and the file is sent to the competent court.

In case of a conflict of duties:

• Positive conflict of jurisdiction (if both courts say they have jurisdiction),

• A negative conflict of jurisdiction arises (if neither party recognizes the other as competent).
  In this case, of determining the competent authority begins.

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Examples from Supreme Court Decisions

The 18th Civil Chamber of the Supreme Court of Appeals, Case No. 2020/1215 E., Decision No. 2021/3220 K.,
stated: “Determination of rent and eviction proceedings fall within the jurisdiction of the Magistrates' Court. If the case is filed in the Civil Court of First Instance, a decision of lack of jurisdiction should be issued.”

The 6th Civil Chamber of the Supreme Court of Appeals, Case No. 2018/2841 E., Decision No. 2019/1127 K., stated:
"Actions for the protection of possession fall within the jurisdiction of the Civil Court of Peace, as they protect de facto control, not ownership rights."

These decisions clearly demonstrate that the subject matter and nature of the dispute form the basis of the division of duties

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The Importance of Civil Courts

Peace Courts function as " peace courts " within the judicial system. These courts, which handle simpler, more practical, and socially relevant cases, approach justice not only from a legal perspective but also from a humanitarian one

Thanks to these courts:

• Social peace is preserved

• Trials speed up,

• It reduces the emotional burden in family and inheritance disputes.

In a sense, the Civil Court is "the everyday face of justice."

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Conclusion

Civil Courts of Peace represent the simplest and most accessible form of justice in the Turkish legal system.
They are the first judicial authority that citizens can directly appeal to regarding matters such as rent, possession, inheritance, and guardianship.

These courts swift, simple, and fair resolution, .
Therefore, Civil Courts serve not only minor cases but also the peace of society.