NEWSLETTER-2019-metin

241 CIVIL PROCEDURE LAWAND EXECUTION AND BANKRUPTCY LAW Assembly of Civil Chambers of Court of Cassation Has Underlined the Principle of Legal Security The Assembly of Civil Chambers of Court of Cassation stated in its decision that firstly, the issue of “whether it is possible to re- move the decision of approval and reverse the court decision upon the request of correction of material mistake” and then the issues of transfer of the workplace, liability of the employer, after that existence of receivable claims of the employee should be discussed, and that prior to discussing these important procedural matters, rules that we have referred to, above, should be addressed. The verdict is defined as the decision that is given as a result of the judgment regarding the case that was brought before the court by way of a lawsuit, and which concludes the dispute between the parties. Legal remedies are considered for final decisions under the Turkish Civil Procedure Law. During the period of Civil Procedure Law numbered 1086 (“CPL numbered 1086”), there used to be three legal remedies available, in- cluding appeal, revision of decision, and restoration of judgment. The first two of these remedies were accepted to be the “normal (ordinary)” legal remedy, and the last one was accepted to be the “extraordinary” legal remedy. Revision of decision is a unique legal remedy that en- ables the Court of Cassation to correct any mistakes made during the appellate review (that qualifies as the follow up to the appeal), and the relevant chamber of the Court of Cassation reviews its own decisions. Renovation (restoration) of judgment is an extraordinary legal remedy that enables the materially definite decision to be averted due to certain serious jurisdiction mistakes and deficiencies, and renders it possible to hear and review a case that has already been finalized through a definite judgment. Under CPL numbered 6100 (“CPL”), legal remedies are regulated as two stages, those being appeal in the regional court, and appeal in the Court of Cassation. Revision of decision continues to exist as the extraordinary legal remedy. Despite the appeal in the regional court that was later included in our legislation being available as a legal remedy, unlike an appeal in the Court of Cassation, not only is the