NEWSLETTER-2021

231 CIVIL PROCEDURE LAW that should be included in the petition of appeal are clearly stated. The petition of appeal shall contain the identity and address of the applicant and the opposing party, names and addresses of their attorneys, if any, information of the decision of the court of first instance, the summary of the decision of the court of first instance and the date of notification to the applicant, reasons and justifications for appeal, the request of the relief and signature of the applicant. It is not sufficient to indicate the unlawfulness and illegality of the decision of the court of first instance in the petition of appeal; it is necessary to demonstrate the violation of the substantive law concretely. However, it is unnecessary to demonstrate in detail which legal rule is misapplied because the judge has to apply the law ex officio.3 The Scope of Appellate Review and the Consequences of Not Specifying the Reasons for Appeal in the Petition of Appeal As briefly mentioned above, mandatory factors must be included in the petition of appeal in order for the request to be accepted. In this context, pursuant to Article 342/2-e of CPC, the reasons for appeal must be clearly stated together with the justifications. As the first sentence of Article 355 of CPC states that the scope of the appeal review is limited to the reasons specified in the petition of appeal, stating the reasons for appeal in the petition will constitute the basis of review. In addition, in the second sentence of Article 355 of the CPC, it is stated that the Regional Courts of Appeal can conduct an ex officio review in case of a violation of public order. This practice has been approved by scholars.4 It is also consistently implemented by the Court of Cassation.5 3 The decision of the Court of Cassation General Assembly, No. 2020/9-6 E., 2021/342 K., 25.03.2021, para.28. 4 Postacıoğlu, İlhan E. / Altay, Sümer: Medeni Usul Hukuku Dersleri, Vedat Kitapçılık, İstanbul 2020, p. 821; Kuru, Baki: İstinaf Sistemine Göre Yazılmış Medeni Usul Hukuku, Yetkin Yayınları, 2018, p. 477; Arslan/ Yılmaz/ Taşpınar Ayvaz / Hanağası: Medeni Usul Hukuku, Yetkin Yayınları, Ankara 2018, p. 599. 5 8th CC of the Court of Cassation, No. 2018/14342 E., 2029/190 K.; 10.01.2019; 9th CC of the Court of Cassation, No. 2017/21080 E., 2020/19904 K.; 12th CC of the Court of Cassation, No. 2019/12665 E., 2019/16738 K., 19.11.2019.

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