Medeni usul Hukukunda hüküm (Esasa ilişkin nihai karar)
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Date
2006
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Sosyal Bilimler Enstitüsü
Abstract
Buran, Armağan, The Final Judgments In The Code Of Civil Procedure,Master?s Thessis, Advisor: Assoc. Prof. Erdal Tercan, 163 p.ABSTRACTCourts give many decisions during the trial process. These decisions areinterlocutory judgments, temporary preventive decisions and final judgments.The investigation must be completed and enlightened enough to be ableto make a judgment. In the Turkish doctrine, neither stepwise nor conditionaljudgments can be made.The names, surnames, judicial record numbers and signatures of thecourt, the judge and the clerk of record; the identities and the adressess of theparties; justification of the judgment, the outcome of the judgment, the date ofthe decision must be found in the judgment.The presence of justification in a judgment is a constitutional must. Thesummary of the claims and the defenses of the parties, the agreed anddisagreed facts, the evidences collected about unadjusted matters, thearguments of evidences, the refusal and superiority reasons, definete events,the results deriven from these and the lawful reason are the elements of thejustification of the judgment.The outcome of the judgment is the answer given by the court to therequests of the parties. In the outcome of the judgment, the debts loaded onthe parties and the given rights must be mentioned clearly. For the judgment togain legality, at least the outcome of the judgments must be written in trialrecord and read, which is called as, short decision.
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Hukuk