2021 Appeal & Cassation Monetary Limit

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2021 appeal limit

Some special cases; ;

• Consumer Courts, after 01.2021 in the districts 7,550 TL’exceeding [number], in provinces and in the centers of provinces that do not have metropolitan status 11,330 TL’It is responsible for disputes exceeding [a certain number]. For more information, see: Consumer Arbitration Board Application
• Limits of proof by document 01.01.2021 after the date 4,880 TL will be. See also on this subject: Proof by Document
• Hearing limit in appeals 01.01.2020 after the date 117,960 TL will be.
• In cases involving claims for moral damages, appeals can be filed against the decisions rendered, regardless of the amount or value of the damages.

Court Decisions

Supreme Court 12th Civil Chamber, Case No. 2018/14464 E., Decision No. 2018/10188 K.

Upon the plaintiff's request for appellate review of the decision rendered by the Regional Court of Appeal, the date and number of which are written above, the file related to this matter was sent to the chamber. After hearing the report prepared by the Examining Judge ... and reviewing all the documents in the file, the matter was considered and deliberated upon as follows: In accordance with the Law No. 5235 dated 26.9.2004 on the Establishment, Duties and Powers of First Instance Courts and Regional Courts of Appeal, and in parallel with the Law No. 5311 dated 18.3.2005, which amended the provisions of the Enforcement and Bankruptcy Law No. 2004 regarding appeal and correction of judgment, and added temporary Article 7 to the Enforcement and Bankruptcy Law, the provisions of Law No. 5311 shall apply to decisions rendered after 20.07.2016, the date on which the Regional Courts of Appeal commenced their duties. 
According to Article 364/1 of the Enforcement and Bankruptcy Law No. 2004, as amended by Article 25 of Law No. 5311 dated 2.3.2005, an appeal may be filed against final decisions rendered by the Civil Chamber of the Regional Court of Appeals where the amount and value exceed ten thousand Turkish Lira. This provision is provided for in this article. The threshold for certainty was increased to forty thousand Turkish Lira by Article 4 of Law No. 6763 dated 24.11.2016. 
In the specific case, according to the Regional Court of Appeal's decision dated 19/06/2018, it was determined that the value in dispute did not exceed the aforementioned limit of certainty., The aforementioned Regional Court of Appeals decision is not subject to appeal. 
In accordance with Article 352 of the Code of Civil Procedure No. 6100, as referenced by Articles 364/1-2 of the Enforcement and Bankruptcy Law No. 5311, as amended by Law No. 5311, the appeal request was unanimously rejected on October 18, 2018.

Supreme Court 12th Civil Chamber, Case No. 2018/14444, Decision No. 2018/10189.

The appellate review of the decision of the Regional Court of Appeal, dated and numbered above, was requested by the plaintiffs within the prescribed time limit, and the file related to this matter was sent to the chamber. After hearing the report prepared by the Examining Judge ... and reading and examining all the documents in the file, the matter was discussed and considered as follows:
In parallel with the Law No. 5235 dated 26.09.2004 on the Establishment, Duties and Powers of First Instance Courts and Regional Courts of Appeal, and in accordance with the temporary Article 7 added to the Enforcement and Bankruptcy Law by Law No. 5311 dated 18.03.2005, which amended the provisions of the Enforcement and Bankruptcy Law No. 2004 regarding appeals and correction of judgments, the provisions of Law No. 5311 shall apply to decisions rendered after 20.07.2016, the date on which the Regional Courts of Appeal commenced their duties. 
According to Article 364/1 of the Enforcement and Bankruptcy Law No. 2004, as amended by Article 25 of Law No. 5311 dated 2.3.2005, appeals may be filed against final decisions rendered by the Civil Chamber of the Regional Court of Appeals exceeding ten thousand Turkish Lira in amount and value. The threshold for finality stipulated in this provision was increased to forty thousand Turkish Lira by Article 4 of Law No. 6763 dated 24.11.2016. 
In this specific case, since the value of the dispute does not exceed the aforementioned threshold as determined by the Regional Court of Appeal's decision dated 07/06/2018, the said Regional Court of Appeal's decision is not subject to appeal. 
In accordance with Article 352 of the Code of Civil Procedure No. 6100, as referenced by Articles 364/1-2 of the Enforcement and Bankruptcy Law No. 5311, as amended by Law No. 5311, the appeal request was unanimously rejected on October 18, 2018.

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