230 NEWSLETTER 2021 instance.1 In contrast, the Court of Cassation conducts legal review by examining only whether the law is applied correctly or not. Under the CPC, the fact and evidence review is carried out only within the framework of the facts and evidence put forward in the court of first instance. In other words, material facts and evidence not brought forward in the court of first instance cannot be asserted before the Regional Courts of Appeal. Decisions Subject to Appeal As a rule, it is possible to appeal against the final and some interim decisions rendered by the courts of first instance. Details and regulations regarding these decisions are listed in Article 341 of the CPC. According to this article, an appeal can be made against the decisions regarding assets whose amount and value are above the monetary limit specified in Article 341/2 of CPC, against a decision regarding the rejection of a request for provisional measures and provisional attachments, and against decisions that fall under the jurisdiction of the Regional Courts of Appeal which are stated to be subject to an appeal review or can be applied to the Court of Cassation in other laws. In addition, since there is no restriction in the CPC on whether final decisions should be procedural or substantive, appeals can be made against both procedural and substantive final decisions. Furthermore, there is no obstacle to appealing against non-contentious decisions as well as contentious decisions. Reasons for Appeal and Petition of Appeal There is no limitation in the CPC regarding the reasons for appeal. For this reason, matters affecting the judgment in terms of both procedural and substantive aspects may constitute reasons for the appeal.2 However, although the reasons for appeal are not limited, it is possible to apply to the appeal procedure only with a petition of appeal. In accordance with Article 342/2 of the CPC, the conditions 1 Arslan, Ramazan / Yılmaz, Ejder / Taşpınar Ayvaz, Sema / Hanağası, Emel: Medeni Usul Hukuku, Yetkin Yayınları, Ankara 2018, p. 588. 2 Pekcanıtez, Hakan / Atalay, Oğuz/ Özekes, Muhammet: Medeni Usul Hukuku Ders Kitabı, On İki Levha Yayıncılık, İstanbul 2020, p. 478.
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