{"id":5634,"date":"2024-12-17T12:58:23","date_gmt":"2024-12-17T09:58:23","guid":{"rendered":"https:\/\/www.berkerberker.com\/?p=5634"},"modified":"2025-06-04T13:53:45","modified_gmt":"2025-06-04T10:53:45","slug":"the-effects-of-a-final-judgment-under-turkish-law","status":"publish","type":"post","link":"https:\/\/www.berkerberker.com\/en\/the-effects-of-a-final-judgment-under-turkish-law\/","title":{"rendered":"The Effects of a Final Judgment Under Turkish Law"},"content":{"rendered":"

Authors: Atty. Ay\u00e7a Berker<\/a> ,Atty. Deniz Nalbant<\/a> \u00a7 \u015eeyma Yetim<\/a><\/em><\/p>\n

I. Introduction<\/strong><\/h4>\n

The provisions regarding a \u201cfinal judgment\u201d and its effects are regulated under Articles 297 and 303 of the Code of Civil Procedure No. 6100[1]<\/a> of T\u00fcrkiye. In this article, the legislation governing the topic of \u201cfinal judgment\u201d will be presented, and the effects of said final judgment will be explained. Following this, the concept of \u201cforgotten provisions\u201d will be elaborated, and the relevant case law shall be presented.<\/p>\n

A final judgment can be defined as the legally recognized state of a legal situation. This principle holds validity across all areas of law; therefore, legislative and executive bodies, as well as administrative and judicial authorities, are obliged to comply with a decision once it has been deemed as final in compliance with the legislation below.<\/p>\n

The relevant articles of the aforementioned Code regarding a final judgment are as follows;<\/p>\n

Article 297 – Scope of the Provision <\/strong><\/p>\n

(2) In the conclusion part of the judgment, without repeating any words belonging to the grounds, the judgment given on each of the claims, the obligations imposed on the parties and the rights recognized must be shown under the sequence number; clearly, in a way that does not arouse doubt and hesitation.<\/em><\/p>\n

At the end of a proceeding, the court must<\/strong> decide on each claim. This is because the final judgment only takes effect on claims that have been decided. Such is stated in Article 303 of the Code of Civil Procedure of T\u00fcrkiye<\/p>\n

Article 303 – Final Judgment <\/strong><\/p>\n

(1) In order for a judgment which has become final in a formal sense in one action to constitute a final judgment in a substantive sense in another action, the parties, causes of action and the conclusion of the first action and the conclusion of the second action must be the same. <\/em><\/p>\n

(2) A judgment shall constitute a final judgment only with respect to those claims asserted in the action or counterclaim which have been adjudicated.<\/em><\/p>\n

II. The Effects of a Final Judgment<\/strong><\/h4>\n

A final judgment has a twofold effect: formal validity and substantive validity.<\/p>\n