Özet:

Formalism in civil procedural law In the science of law studies, one of the most frequently used distinctions, is the substantial law – procedural law distinction. Civil procedure appears as a part of procedural law in this distinction. But rules concerning procedure exist in the areas of both substantial law and procedural law for different reasons. Goals for governing procedural rules by these two areas are different since procedural law is designed to hold and protect the rights originating from substantial law. Formality and formalism exists in the texture of procedural law as a difference from substantial law. Reaching to the rights brought by substantial law shouldn’t be hard to reach or impossible because of these procedural rules and the formalism linked to these rules. In this study, we examined the procedural rules in the civil procedure and tried to find an answer to the question: “Formalism to what extent?” Aim of the study spontaneously appeared as far as we reached to the answer. The subject is brand new since it never has been studied previously by Turkish law doctrine; and important, before the fact that rules of civil procedure don’t grant rights to persons and rules of substantial law shouldn’t be blocked by civil procedural rules on the way for reaching to rights.

Anahtar Kelimeler: