236 NEWSLETTER 2021 It would be appropriate to briefly explain the terms relevant to the Decision before delving into the details of the Decision. Notification Notification is the written documentation of a notification made to the addressee of a legal action.2 An addressee is informed about a trial against them via notification. Therefore, judicial proceedings carried out without proper notification constitutes a violation of the right to be heard and right to a fair trial. Due to its importance in terms of the basic principles of civil procedure law, it is critical that the notification be made in accordance with Notification Law numbered 7201 (“NL”) and the procedure stipulated by the relevant legislation. Address The word “address” within the scope of the notification law covers the concepts of domicile, workplace, and place of residence. Pursuant to Article 10/1 of the NL, notice shall be made at the last known address of the addressee. If notice cannot be made to the last known address of the addressee, the domicile of the addressee shall be accepted as the last known address of the addressee, and notice shall be made to this address pursuant to Article 10/2 of the NL. The term last known address of the addressee is a broader term compared to the domicile of the addressee. An electronic system called the “address registration system” has been formed for holding address records of Turkish Citizens and resident aliens in Turkey. The records in the databases of CPAS are associated with Turkish ID numbers in the address registry system, and the intention is to keep the address records current. The Disagreement Between Civil Chambers of the Court of Cassation The Court of Cassation General Assembly of the Civil Chamber stated that its opinion is parallel with the opinion of the 12th Civil 2 Arslan, Ramazan / Yılmaz, Ejder / Taşpınar Ayvaz, Sema: Medeni Usul Hukuku, Yetkin, Ankara 2017, p. 183.
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