NEWSLETTER-2021

223 CIVIL PROCEDURE LAW party’s attorney, other than the trial expenses. If there is a dispute about the amount of the attorney’s fee, or the court finds the amount excessive, it is directly determined by the court. The malicious defendant, or the party who filed a lawsuit in the absence of any rights, may be further imposed with a disciplinary fine of from between five hundred Turkish Liras up to five thousand Turkish Liras. If the attorney has caused such cases, a disciplinary fine is applied to the attorney.”7 It is clear that this provision was introduced with the aim of deterring people who would be tempted to act in bad faith. As a matter of fact, this is clearly stated in the justification of the related Article. Conclusion Legal remedies serve many purposes, such as providing legal certainty, unity of jurisprudence, ensuring the uniform application of the law, enhanced quality of judgment and substantial justice. However, disputes need to be settled at some point. The final judgment is important for the settlement of disputes for the future and, thus, ensuring legal peace and judicial trust. This being the case, it is seen that, in practice, the ordinary legal remedy is sometimes resorted to against final court decisions. This practice is open to criticism in many ways, and has been deemed worthy of sanction by the legislator. 7 Translated by the author.

RkJQdWJsaXNoZXIy MjUzNjE=