Revocation is the recognition of the right to do those works which are not specified in the law or cannot perform a transaction for reasons which are not obtained within the exact period determined by the judge. In this context, the restitution is a procedure related to procedural law and there will be no effect of the request for restitution as a rule in areas other than procedural law.
As I mentioned above, our legal system allows judicial subjects who do not carry out procedural procedures in time in the presence of a number of conditions. As a result of this opportunity, the parties were prevented from being born due to the procedural procedures that the parties could not realize due to non-existent reasons, and the rights guaranteed by the individuals were strengthened.
Missing Time With Non-Reasons
In order for the Party to request retrieval, as stated in Article 95 of the HMK, firstly, the procedural procedure which is the basis of the request should not be realized for non-existent reasons. The concept of olarak non-existent causes. Expressed here should be evaluated subjectively.
In cases followed by a legal representative or a lawyer, a legal representative or a lawyer may be able to withstand the reason for the restitution.
No Other Legal Road Application
If the same result, which is to be reached by the procedure which cannot be reached during the period as specified in Article 95 of the HMK, can be attained through another legal way, other than reinstatement, it cannot be requested to revoke it.
The request to reinstate Article 96 of the HMK shall be made within two weeks of the date of the disability.
In the first degree and appeal proceedings, it is possible to request a revocation until the final decision is made at the latest.
The request for restitution is made by a petition to the competent authority to examine the procedure which cannot be carried out during the period.
The request for restitution does not require the adjournment of the proceedings and does not interfere with the execution of the judgment. On the other hand, the court which dealt with the request may decide to postpone the trial or postpone the execution of the provision provided that the guarantee is justified.
The Court may also decide to postpone the proceedings or to suspend the execution of the provision without guarantee.
Request for revocation; exact proof is not required, approximate proof is sufficient. In the case of acceptance of the request for restoring the Court, the Court shall decide which procedures have become invalid. However, transactions that cannot be overridden by correction are also unaffected by the request for reinstatement.
It is mandatory that the procedure which cannot be carried out in the period of time must be made within the two-week period stipulated in order to make the request for restitution.
Expenses incurred due to restitution are loaded on the requesting party.