Medeni Usul Hukukunda istinabe
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Date
2008
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Sosyal Bilimler Enstitüsü
Abstract
The courts can only adjudicate within their own jurisdictions. They can not perform procedural acts in jurisdictions other than their own jurisdictions (in a jurisdiction of another court).In a suit filed, when the authorized and competent court needs to perform an act in a place other than its own jurisdiction (in a jurisdiction of another court), that court may ask legal assistance from the competent court. This is called rogatory.Instead of ?rogatory?, it would better be called ?assistance between courts?. Because the court asked to assist the other one is assisting the court which is hearing the case.The aim of the provisions about rogatory is to save time and money in the case that the persons or things to be taken before the court which are not within the jurisdiction of the court hearing the case.In our law system, there are no general provisions that regulate rogatory independently. There are provisions relating to rogatory in the Code of Civil Procedure, Code of Execution and Bankruptcy, Commercial Code and Code of Criminal Procedure. There are no independent provisions in these codes that regulate where rogatory shall take place. The situations that may be applied to rogatory are cited in different articles of the said codes.
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