Abstract:

Since Roman Law, civil procedure has been divided into two parts as the “non-contentious jurisdiction” and the “contentious jurisdiction”. In many countries, non-contentious jurisdiction is regulated either by separate judicial code or as a separate title under the law on the contentious jurisdiction. Different ideas have been put forward regarding the nature of the non-contentious jurisdiction; such as being a judicial activity, being an administrative activity or being both a judicial and an administrative activity. The idea stating that ex parte proceeding is a judicial activity is gradually becoming widespread. Different criteria have been put forward in order to distinguish the contentious jurisdiction from the non-contentious jurisdiction. The primary ones of these criteria are the criterion of nonexistence of conflict, the criterion of non-existence of subjective rights, the criterion of inquisitorial system, the criterion of preventive influence and the criterion of constitutive impact influence. The matters of non-contentious jurisdiction have been gathered together first in our law with the Code of Civil Procedure Number 6100 and dated 12.01.2011. This study examines non-contentious jurisdiction in the Turkish Civil Code except those in the guardianship

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