Litigation and procedure

Appeal to the Court of Cassation

The ordinary remedy by which regional appellate judgments are reviewed by the Court of Cassation solely for conformity with the law.

All terms

Cassation appeal (temyiz) lies before the Court of Cassation against the regional appellate judgments listed by statute. Review is confined to legality: the Court does not re-evaluate the facts but examines whether the law was correctly applied.

The remedy is available only above the statutory monetary threshold and for judgment types not excluded from cassation; decisions that become final at the regional stage, such as certain rent-determination and eviction rulings, cannot be appealed further. The application must be filed within the statutory period from service.

The Court affirms, affirms with correction or reverses. Upon reversal, the court receiving the file may comply or persist in its earlier judgment, with persistence reviewed by the General Assembly of Civil Chambers. Through its role in unifying precedent, cassation review shapes nationwide practice in comparable disputes.

Not to be confused with

İstinaf ile karıştırılmamalıdır: istinaf vakıaları da yeniden inceleyebilen bir derece iken, bu yol yalnızca hukuka uygunluk denetimi yapar.

Statutory basis

  • HMK m.361
  • HMK m.362

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.