The Supreme Court 15. Legal Department
2018/2122 E.
2018/1173 K.

The court of First Instance for the case between plaintiffs 1-… 2-… and the defendant . 29.06.2017 and 2016/486-2017/204 as a result of the appeal of appeal against the ruling of the First Instance Court … District Court . The court of Cassation to review the decision given by the court of Appeals for the rejection of the application was not made during the time of the appeal given by the legal department, the defendant’s attorney was asked to read the papers in the file to be spoken and considered:

DECISION

The decision given by the court of First Instance was notified to the defendant on 17.07.2017 and the appeal was made on 08.09.2017. In cases and cases subject to judicial holiday, if the expiration of the periods determined by this law coincides with the holiday time, these periods are also considered to be extended by one week from the day of the judicial holiday without the need for a decision. (HMK 104/1) if the period is determined as week, month or year, it ends at the holiday time of the corresponding day in the last week, month or year. (HMK 92/2) HMK 104. in August September 1, the new judicial year begins to account for one week, not the date of the end of the judicial year 31 should be made from the date.the new judicial year is scheduled to be extended by one week from the day the holiday ends. the new judicial year is scheduled to be extended by one week from the date of Thursday is September 7, 2018, which is the last day of the judicial holiday in this case, since the last day of the extended period is Thursday.

The doctrine holds that a week period will be calculated from the day the holiday ends and that the last day of the extended period is September 7. (Prof. Dr. L. Şanal Görgün / Asst. Assoc. Dr. Levent Börü / Asst. Assoc. Dr. Barış Toraman / Dr. Mehmet Kodakoğlu-Civil Procedure Law 6. edition sf. 215 proficient in 2017). The Supreme Court also has decisions in its application that accept that the last day of the term is September 7. (Example: 2. HD. 2016/365 E. 2017/654 K. 3. HD. 2015/15249 E 2015/16810 K, 4. HD. 2015/14837 E. 2017/5939 K, 15th HD.2016/6210 E. 2016/5175 K, 11th HD. 2015/11749 E 2016/8966 K, 14. HD. 2016/5439 E 2016/9213 K, 19. HD. 2015/17494 E 2016 7567 K )

The term of appeal against the decision of the court of first instance is HMK 345. according to the article it is two weeks from the date of the notification and after the judicial holiday has expired, a petition of Appeal has been given. Without a decision given by the court of First Instance based on whether the application for appeal was in its duration, the decision given by the legal department of the District Court court to which the file was submitted was appealed within the period of the decision on the rejection because it was not in the period of the application for appeal.

During the period of the appeal in the absence of appeal by the court which made the decision 346/1 HMK. in accordance with the article, it should be decided to reject the appeal. If the file is sent to the district court without being decided in this way, it may be decided to reject the appeal by the legal department of the district court without the need to convert the file to the local area in accordance with the decision to merge the case law No. 1990/4 dated 01.06.1990 dated 1989/3 basis. Although the decision to merge this case law was made because of the provisions of HUMK, similar regulations in HMK require the same interpretation and conclusion, so it must also be applied in terms of Appeal and appeal according to HMK provisions.

HMK 370, which is in accordance with procedure and law, with the rejection of all appeals that are not in place according to the articles in the file, the evidence on which the decision is based, and the reasons required in accordance with the law. to be upheld in accordance with articles, HMK 302/5 and 373. on 27.03.2018, it was decided unanimously to send the file to the court of First Instance and to the Legal Department of the District Court.