What is Reinstatement?

In the sixth section of the Code of Civil Procedure No. 6100, the institution of reinstatement is regulated as the second distinction. The legislator is 95. he has regulated the issue of demand in the text of the article. “A person who cannot perform a transaction for reasons that are not achieved, within the period specified in the law or strictly determined by the judge, may request reinstatement. although it is said that the application to this method should be the last resort “, if the same result that is desired to be achieved by a transaction that cannot be performed during the period can be reached by any other legal means other than reinstatement, the request for reinstatement cannot be made.” it is definitely determined by the verdict.

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Istanbul BAM 28. Law Office, dated 05.06.2020 and dated 2019/1753 E., 2020/819 K. numbered decision
If the required transaction is not performed within the periods accepted by law, the right based on that transaction will disappear. However, with the regulation introduced for exceptional cases, it was desired to prevent the reasons that could not be achieved from causing loss of rights.

Istanbul BAM 28. Law Office, dated 05.06.2020 and dated 2019/1753 E., 2020/819 K. in his decision numbered “The reasoned decision of the court was notified to the defendant’s attorney on 30/04/2019, and the defendant’s attorney submitted the petition to apply for an appeal on 15/05/2019, that is, after a 2-week period from the notification on 15/05/2019, however, with the second petition submitted by the defendant’s attorney on 16/05/2019, the rest report dated 14/05/2019, which was given by Maslak X1 Hospital Pediatrician K1 with a diagnosis of acute naso pharyngitis for his daughter K2, was submitted on 14/05/2019, and the delivery of the petition, originally prepared on 13/05/2019 due to the sudden illness of his daughter on 14/05/2019, could only be carried out on 15/05/2019 for reasons that did not exist, on the X2 account screen stating that this can also be understood from the information; Article 95/1 of the CCP, in which the acceptance of requests for reinstatement and examination of applications for appeal on the basis are requested within the scope of articles 95 and continuing of the CCP, states that “anyone who cannot perform a transaction for reasons that are not achieved, within the period specified in the Law or strictly specified by the Judge, he can request reinstatement.” as of 14/05/2019, which is the last day of the appeal application, the defendant’s attorney submitted a doctor’s report on his daughter’s illness, according to which the defendant’s attorney’s request for reinstatement was evaluated on the spot and it was understood that the appeal application would have to be evaluated on the merits.”it is accepted that the application for a statutory remedy of appeal, which cannot be made in time for a request for reinstatement, is made within the time limit if a valid reason is presented, and the application should be evaluated on the basis of has been.

HMK 96. in the article “Reinstatement must be requested within two weeks from the elimination of the obstacle that caused the inability to be performed during the procedure.” with the provision, a time limitation has been imposed for the application for reinstatement. Istanbul BAM 9. Law Office, dated 10.12.2020 and dated 2020/2076 E., 2020/4107 K. in his numbered decision, “The case relates to the claim for compensation. The Court of First Instance has decided to dismiss the case. The plaintiff applied to the legal remedy of appeal against this decision on 24/06/2020. With the additional decision dated 07/09/2020, the Court decided to reject the request for an October appeal application because the decision and decision fees specified in the memorandum were not paid within the legal period. It has been seen that the additional decision has been appealed by the plaintiff’s attorney with the request for reinstatement with the petition dated October 06, 11, 2020. 95 Of the CCP No. 6100 regulating the request for reinstatement and the examination authority. that it may request reinstatement if the necessary action cannot be taken within the time period specified in the law or determined by the judge for reasons not obtained in the article, 96. article 97 that the reinstatement process will be requested within 2 weeks from the elimination of the obstacle that caused it to be unable to be performed during the period. article 98/2 provides that the reasons on which the request is based and their evidence and signs will be shown in the petition for reinstatement, and Article 98/2 provides that if the right to apply for reinstatement by way of appeal law falls, it will be requested from the Regional Court of Justice.

Istanbul BAM 9. Law Office, dated 10.12.2020 and dated 2020/2076 E., 2020/4107 K. numbered decision
In the concrete case; the additional decision of the local court dated 07/09/2020 was notified to the plaintiff’s attorney on October 13/09/2020; The plaintiff’s attorney applied for an appeal after the legal period had passed, claiming that the appeal period was missed for reasons that were not achieved due to the Covid-19 test being positive and their offices being quarantined. The plaintiff’s attorney requested reinstatement. According to the test result attached to the petition, it is understood that the office employee’s test result was positive on October 09, 2020. T on the specified date.C. The quarantine period of the Ministry of Health is 14 days and will expire on 24/09/2020. In this case, HMK’s 96. according to the article, the claimant’s attorney’s request for reinstatement is not in the period of request for reinstatement, as it is understood that he made the request for reinstatement on 02/11/2020 after a 2-week period from the date of 24/09/2020, when the obstacle disappeared, on 02/11/2020. For the reasons explained, it was decided to reject the request of the plaintiff’s attorney for reinstatement and therefore the appeal application, which is not in time, in accordance with Article 352/1-c of the CCP.” the judgment is established in the form of. As can be seen from the decision of the District Court of Justice, the necessary procedure must be performed within two weeks from the end of the concrete situation that prevents the execution of the transaction. The proof of the start and end dates of the reason that has not been achieved is on the requester.

In the second paragraph, “It is possible to request reinstatement in first instance and appeal proceedings until the final decision is made at the latest. However, if the final decision was made in the absence of a party, a request for reinstatement may also be filed after the decision is made for missed periods during the investigation phase.” with the regulation, it has been determined up to which stage of the trial a request for reinstatement can be made. There is also the right to request reinstatement after the final decision has been made, but it is required that the decision has been made in the absence of the party who wants to benefit from this right.

Article 97 “Reinstatement is requested by petition. In the petition, the reasons on which the request is based and their evidence or signs are shown. A transaction that cannot be performed in its duration must also be performed within the prescribed period in order to request reinstatement.” he has determined the elements of the form of the application with the text. Article 98, on the other hand, regulates which authority will examine the reinstatement requests. “Reinstatement for a transaction that cannot be made is requested from that court, in whichever court the review of this transaction was to be conducted. Reinstatement is requested from the district court of justice if the right to appeal has fallen; and from the Supreme Court of Appeals if the right to appeal has fallen.” In the case that a transaction cannot be fulfilled due to an unattainable reason during the trial held at the Local Court, the court that is handling the case will evaluate the request for reinstatement. In the cases of requests for applications to the judicial route, if the right to apply to which judicial route has been lost, that judicial authority will make an assessment.

The request for reinstatement does not require postponement of the trial and does not prevent the execution of the judgment. However, if the court examining the request considers the request justified, it may decide to postpone the trial or delay the execution of the judgment, provided that the guarantee is shown. If necessary, the court may decide to postpone the trial or delay the execution without showing collateral.

Expenses arising due to the reinstatement request are charged to the requesting party. However, if the other party has raised groundless objections to the reinstatement request, causing the expenses to increase, the judge may decide that all or part of the expenses should be charged to the other party.


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