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PROCEDURAL LAW
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Court of Auditors; Conflict Courts Code Article 5/3 applies to the judicial
break in the Conflicts Court; and the provisions added to CPC Article 176
by Article 12 of the Code numbered 5236 apply to the judicial break in the
courts of appeal.
Leaving aside the discussions on the judicial break, the importance of
the judicial break is its effect on lawsuits and time periods. In principle,
cases and work are suspended during the judicial break (CPC Art. 81).
However, there are exceptions to this rule in Article 176 of the CPC: The
following shall be performed and not suspended during the judicial break:
Precautionary measures, precautionary attachment and determination of
evidence; taking of maritime reports and requirements for an adjudicator
and decisions on any objections against these; the discoveries decided to
be performed during the judicial break; any type of maintenance cases;
guardianship and custody cases; birth record cases; cases arising out of labor
contracts; annulment cases arising out of the loss of negotiable instruments;
the disputes and cases on which the courts have jurisdiction according
to the provisions concerning arbitration; bankruptcy and composition
cases; the cases on which the peace courts have jurisdiction; other cases
which shall be seen urgently or that can be seen during the judicial break
according to the laws; cases to be seen by expedited proceedings; and cases
that are deemed to deserve expedited treatment upon the request of one of
the parties by the court. However, according to Article 176/2 of the CPC,
upon agreement of the parties or upon the request of the present party in
case of proceedings conducted in the absence of the other party, the above
mentioned cases may be examined after the judicial break.
Cases other than those mentioned above may not be examined during
the judicial break. Then, the following question should be answered: Does
the ending of periods concerning cases that cannot be examined during the
judicial break infringe any rights? Article 177 of the CPC gives the answer
to this question. According to this article, if a period ends during the
judicial break, this period is to be extended for seven more days following
the last date of the judicial break.