The Code of Civil Procedure (6100 p.) The Second Distinction of the Sixth Part of the First Part, entitled General Provisions, regulates the institution of “Reinstatement”. The provisions on reinstatement, which introduce significant changes to the provisions of the HUM period, are between 95 and 101. it is listed among the substances. Decontamination

Reinstatement (reinstatement, hali criminal irca) is the right to perform these works for anyone who cannot perform an operation for reasons specified in the law or not obtained within the exact time set by the judge. In this context, reinstatement is a path related to procedural law, and a request to reinstate it, as a rule, in areas other than procedural law, will not have an effect.

CONDITIONS

As I mentioned above, our legal system allows judicial officers who do not perform procedural actions within the period of time, if there are a number of conditions, to perform these actions. As a result of this opportunity provided, the birth of victims was prevented due to procedural actions that the parties could not perform for reasons that were not obtained, and the legally guaranteed rights of individuals were strengthened.

Missed the Deadline for Reasons That Are Not Available
In order for the party to request reinstatement, HMK 95. as stated in the article, firstly, the procedural procedure that is the basis for the request should not be performed for reasons that are not obtained. The concept of ”reasons that are not obtained” expressed here should be considered subjectively.
In the files that are followed up with a Legal Representative or lawyer, the legal representative or lawyer may also rely on the reason for reinstatement.
Lack of the Opportunity to Apply for Another Legal Path
HMK 95. as stated in the article, if the same result desired to be achieved by a transaction that cannot be performed within the period of time can be achieved by another legal means other than reinstatement, a request for reinstatement cannot be made.
The Application Must Be Made Within the Time Limit
HMK 96. a request to reinstate the article in accordance with the provision must be made within two weeks from the moment the obstacle disappears.
In the first instance and appeal proceedings, it is possible to request reinstatement no later than until the final decision is made.

APPLICATION PROCEDURE

A request for reinstatement is made by a petition to the authority authorized to examine the procedural process that cannot be performed during its term.

The request for reinstatement does not require a postponement of the trial and does not interfere with the execution of the provision. However, the court examining the claim may, if it deems the claim to be justified, decide to postpone the trial or to cancel the execution of the provision, provided that the guarantee is provided.
The court may also decide, if necessary, to postpone the trial without providing guarantees or to cancel the execution of the provision.

When requesting reinstatement; full proof is not sought, approximate proof is sufficient. In case of acceptance of the reinstatement request, the court specifies in its decision which transactions become invalid. However, transactions that cannot be invalidated by reclamation are also not affected by the reinstatement prompt.

A procedural action that cannot be performed during its duration must be performed within the prescribed two-week period in order to request reinstatement.

Expenses incurred due to the reinstatement prompt are uploaded to the requesting party.

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