Özet:

J udicial fees paid in order to benefit from the judicial services is an important component of the litigation expenses. In principle, the judgment and writ fees paid in relation to the judgments issued by the first instance courts should be taken into consideration and offset against the fees calculated in the related first instance court judgments which are issued following the reversal decisions of the appeal courts as a result of the appelate reviews. However, in several judgments, it is observed that this rule is not applied and the judicial fees already paid for the quashed first instance judgments are not offset from the fees calculated in the new judgments. This study analyses the principle of offset regulated by the Article 8 of the Act of Fees under the light of judicial decisions and examines the unlawfulness of omitting to offset the judicial fees previously paid for the quashed judgment against the judicial fees calculated based on the judgment of the first instance court which is issued on the reversal of the judgment by the appeal court, including the legal consequences of such practice

Anahtar Kelimeler: