Litigation and Alternative Dispute Resolution

Author: Abdullah Bozdaş

Introduction

Under Turkish law, the term “limits of certainty” refers to monetary limits to the rights of appeal and cassation. While it is possible to appeal to a higher court against the decisions of the courts of the first instance and the courts of appeal where the amount of the claim or the value of the case is above these monetary limits, decisions are final for cases falling below the monetary limits.

This article covers the decisions of the Court of Cassation chambers based on different limits of certainty and analyzes the practice adopted by the majority of the chambers.

Limits of Certainty for Appeal and Remedies by Way of Cassation

Law No. 5235 on the Establishment, Duties, and Powers of the Courts of First Instance and Regional Courts of Appeal envisaged the establishment of Regional Courts of Appeal. The Regional Courts of Appeal were created long after their official authorization, following the entry into force of Code of Civil Procedure No. 6100 (“CCP”). Following the transition to the two-stage appellate system, the legislature set various monetary limits for the decisions of the court of the first instance and the court of appeal where the amount of the claim or the value of the case is below a certain amount. Article 341/2 of the CCP sets the limit of certainty for the application to the legal remedy of appeal: “Decisions regarding property cases whose amount or value does not exceed three thousand Turkish Liras are final.” In 2022, the finality limit for appeal determined by the Revaluation Rate is 8,000 TL.

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