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LAW OF CIVIL PROCEDURE
299
period of time accorded to them, it will be assumed that they waive their
rights to rely on this evidence. Consequently, this is a regulation, which
aims to prevent the trial to stick at some indefinite points and the parties
to act in bad faith.
At the end of this trial, if the parties could not have reached an
amicable settlement, the points of conflict will be written one by one
to the minutes of the trial. The judge, before starting the investigation
phase, by examining the objections and defences on the foreclosure and
prescription periods, will reach a decision.
Conclusion
If the Courts achieve to apply correctly the preliminary examination
institution which came into force with the Civil Procedure Act, as set out
in the legislation, it will provide an arrangement which can remove the
lengthiness of the trial proceedings which has been the most criticised
element of our trial system by courts, lawyers and citizens as for today.
With the preliminary examination conducted in accordance with its aim,
an opportunity of amicable settlement between the parties will appear, the
necessary preparation of the investigation will be made and thus the trial
proceedings will be accelerated and consequently it will be useful for the
right and quick settlement of disputes.