Özet:

In accordance with the provisions of Law 139/1c, in the written trial, the parties must submit to the court the documents they have shown in their requests, but they have not yet submitted, within a period of two weeks from the notification of the invitation to a preliminary trial. Otherwise, the court will decide that the parties will be refused to rely on that proof. In Article 318 of the law on the simple trial procedure, some facts were regulated under the title of the proofs, but a clear arrangement similar to the previous ruling was not included. However, the lawmaker has made a reference to the application of the provisions relating to the written trial in the cases where no provision on the simple trial procedure is provided in Article 322 of the Law. Due to this style of arrangement, the Court has made different decisions on whether or not the provisions of Law 139/1-c will be applied in the simple trial procedure. In this study, the issue will be discussed and evaluated in the framework of the judgment and the opinions presented in the doctrine.

Anahtar Kelimeler: