What is the Concentration Principle?

What is the Concentration Principle? | Legal Information | Law Firm | Lawyer in Izmir

concentrate

noun, archaic, (teksi:fi), Arabic teks̱īf

Intensification, thickening, darkening.

The parties must present the facts, claims, and defenses they rely on within the scope of the proceedings, within a specific timeframe and within the limits stipulated by law. Facts and evidence presented outside this timeframe are, as a rule, not accepted as evidence by the court. After submitting a reply to the defendant's response, the plaintiff cannot expand or change their claim without the defendant's consent. Similarly, after submitting a second response to the court, the defendant cannot expand or change their claims and defenses without the plaintiff's consent. An exception to this rule is the amendment of the claim.

Law No. 6100 on Civil Procedure

Article 25- (1) Except for the exceptions provided for in the law, the judge cannot spontaneously take into account things or facts not stated by either party and cannot even engage in behavior that might remind them of such things. (2) Except for the situations specified in the law, the judge cannot spontaneously collect evidence.

Article 141- (1) The parties may freely expand or change their claims or defenses with reply and second reply petitions. Claims or defenses cannot be expanded or changed after the mutual exchange of petitions. (2) The provisions regarding amendment and the explicit consent of the opposing party are reserved for expanding and changing claims and defenses.

SUPREME COURT 9th LAW DIVISION E. 2017/109 K. 2017/64

The decision was overturned on the grounds that, according to Article 25 of the Code of Civil Procedure No. 6100, except for the exceptions stipulated in the law, the judge cannot spontaneously consider things or facts not stated by either party (principle of concentration - adherence to material facts), and therefore, accepting that the plaintiff did not claim "1.5 hours of extra work each day" is contrary to the aforementioned principle.

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