222 NEWSLETTER 2021 upholds the rejection of the appeal request, and does not make any further investigation on the merits of the dispute. On the other hand, in the case of legal remedy, it should be noted that the court primarily investigates whether the prior decision is final or not. In Article 352 of the CCP titled preliminary examination, it is stated that if it is determined that an application against the final judgment as a result of the preliminary examination on file by the Regional Court (or by the relevant chamber of the Supreme Court) may be made, then the necessary decision shall be taken. Also, the justification of the provision includes the following statements: “[…] The fact that […] the decision of the court of first instance is final does not need any explanation. Moreover, in some of these cases, for example, the situations where the application is made after the legal period has expired, or is related to a final court decision, the first instance court shall also consider this in accordance with the provision of Article 3505, and the application petition will be rejected. However, if this situation is overlooked by the first instance court, then it shall be considered by the regional court of appeal.”6 In light of all of these explanations, it should be stated that the opportunity to apply to the Regional Court and the Supreme Court against the decision to reject the appeal request should not be used maliciously and considered as a way to bypass the law. This possibility has been envisaged by the legislator, and a regulation has been made in order to eliminate bad-faith applications for legal remedies. Accordingly, in the event of an appeal to the Regional Court (Article 351 of the CCP) or Supreme Court (Article 368 of the CCP) in bad faith, Article 329 of the CCP regarding the consequences of filing a lawsuit that is unfair or in bad faith is applied. The aforementioned provision is as follows: “The malicious defendant or the party who filed a lawsuit in the absence of any rights may be ordered to pay all or part of the attorney’s fee agreed between the other 5 The aforementioned provision was enacted as Article 346 of the CCP. 6 Translated by the author.
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