220 NEWSLETTER 2021 Under Turkish law, finality has two aspects: Finality in the formal sense and finality in the material sense. Finality in the formal sense refers to the fact there is no other legal remedy remaining (or there was none at the beginning) that may be applied against a court decision; whereas, finality in a material sense refers to the fact that after the establishment of a final judgment, a second lawsuit that has same parties, subject and reasons may not be filed a second time.3 Ordinary and Extraordinary Legal Remedies In respect of legal remedies, the distinction between ordinary and extraordinary legal remedies is significant. The prominent aspect in this distinction is the finality of the decision against which a legal remedy is lodged. While the subjects of ordinary legal remedies are decisions that have not yet been finalized, the subjects of extraordinary legal remedies are final court decisions. Principally, after the finalization of a judgment, a dispute is considered permanently resolved for the future. However, very exceptionally, in the presence of some substantial judicial errors, an extraordinary legal remedy can be lodged, and the decision may be abolished even after the finalization of the decision. In Turkish law, following the establishment of the regional courts on 20.07.2016, two ordinary legal remedies exist: Appeal to the Regional Courts; and Appeal to the Supreme Court. Nevertheless, it is not possible to apply for ordinary legal remedies and lodge an appeal against every decision rendered by the court. Whether or not a legal remedy may be made against a decision is determined by the laws. Accordingly, decisions that may be subject to appeal before Regional Courts and Supreme Court, are respectively referred to in Article 341, et al., and Article 361, et al, of the CCP. Moreover, in Turkish law, pursuant to Article 374 of the CCP, as an extraordinary legal remedy, renewal of the trial is adopted. Within the scope of the saidArticle, there are cases against which a retrial may be resorted to concerning finalized court decisions. Since the reasons 3 Pekcanıtez, Hakan: Medeni Usul Hukuku Temel Bilgiler, Vedat Kitapçılık, 2018, p. 309.
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