Research Information System
Thesis Type: Doctorate
Institution Of The Thesis: Ankara Yildirim Beyazit University, Sosyal Bilimler Enstitüsü, Özel Hukuk Ana Bilim Dalı, Turkey
Approval Date: 2020
Thesis Language: Turkish
Student: Nurbanu ERZURUMLU IŞIK
Supervisor: ERSİN ERDOĞAN
Abstract:In this study, interpretation and filling the loopholes in civil procedural law are examined. In this framework, first of all, the principles that should be taken into account in the interpretation of the rules regarding civil procedure law were explained. In cases where there is no applicable provision in the laws, it has been tried to answer whether it is possible in terms of civil procedural law to fill the loophole and the judge to make law in this context, especially by considering the 142nd article of the Turkish Constitution. In addition, the binding effect of the courts' interpretation of the legal rules and the decisions made by law-making when necessary, in terms of judicial processes were also examined. In this context, the Turkish Court of Cassation's decisions on the unification of conflicting judgments, which are considered to be legally binding, have been examined in detail. In this context, the legal nature, constitutional legitimacy, conditions and consequences of the Turkish Court of Cassation's decisions on the unification of conflicting judgments were explained and it was discussed whether it was possible to law-making with these decisions. In addition, in order to reflect the practical view of the issues that are tried to be explained in the theoretical part of the study, some of the Turkish Court of Cassation's decisions on the unification of conflicting judgments regarding procedural law have been evaluated within the framework of interpretation and law-making.