Abstract:

In Article 353/1-a of the Code of Civil Procedure, it is regulated that the judgment of the court of appeal that the decision of the court of first instance to be repealed and referred is conclusive. Article 362 of the Code of Civil Procedure, entitled “Unappealable Judgment” with Law No. 7251, has been added to the subparagraph (g) stating that judgments that are referred are not subject to cassation. In the decision that is the subject of our study, the Court of Cassation stated that the referral judgment was not conclusive when there were no situations in which a referral judgment could be made and examined the merits of the case and decided to reverse it. There are also judgments of the Court of Cassation that reached similar conclusions for various reasons. This study tries to evaluate whether the judgment made in accordance with article 353/1-a of the Code of Civil Procedure is appealable and whether the determinations in the referral judgment are binding, considering the situations before and after the Law No. 7251. In addition, in the judgment subject to review, the issue of examining the merits of the case by the Court of Cassation has also been tried to be evaluated.

Keywords: