Tanzimat dönemi Osmanlı yargılama hukukunda istinaf

---

Thesis Type: Doctorate

Institution Of The Thesis: Ankara Yıldırım Beyazıt University, Sosyal Bilimler Enstitüsü, KAMU HUKUKU ANABİLİM DALI, Turkey

Approval Date: 2024

Thesis Language: Turkish

Student: ABDULLAH VEFA KARATAŞ

Supervisor: Ahmet Kılınç

Open Archive Collection: AVESIS Open Access Collection

Abstract:

The study, prepared in accordance with the principles of history of law, analyses the institution of appeal in the Ottoman law of the Tanzimat period. This study draws upon legislation of the Tanzimat period, various şerh written about this legislation, articles in the journals and court decisions of the time, and academic literature. There are various studies on Ottoman procedural law, judicial organisation and legal remedies in the Tanzimat period. However, there has not been a study that solely analyses the institution of appeal. Therefore, this work has examined the institution of appeal in Ottoman law exclusively and comprehensively both in the context of civil and criminal procedures. With the Tanzimat period, the Ottomans introduced many new regulations and institutions into the field of law. During the Classical period, there were single-tier and single-judge sharia courts, while in the Tanzimat period, nizamiye courts were established. New procedural rules have been implemented for two-tiered and multi-judge courts. As a result, the institution of appeal in the "technical sense" has emerged. The institution of appeal has developed with the introduced regulations and amendments and has been applied until the beginning of the Republican period. The institution of appeal has aimed to revisit the cases seen in the first instance in both civil and criminal procedures, intending to prevent erroneous judgements. However, due to deficiencies in the regulations, the lack of competent judges and the insufficient understanding of the institution by the judges, the institution of appeal has been abolished. It is important for the legislators and practitioners to benefit from the accumulation and experience in our history of law and not to fall into similar mistakes in terms of the permanence of the recently re-adopted institution of appeal and its contribution to our law. In this context, what the institution of appeal means and what purpose it serves should be clearly defined, a sufficient number of courts of appeal should be established, and conscientious and competent judges with necessary skills and expertise should be appointed to serve in these courts.