WHAT ARE THE AMENDMENTS INTRODUCED REGARDING THE "COLLATERAL LIMITATION (EXTENSION OF TIME) TO THE RESPONSE PERIOD" IN THE CODE OF CIVIL PROCEDURE NUMBERED 6100? 09 October 2020
With Law No.7251, which entered into force on 28.07.2020, a significant amendment has been made regarding the regulation of “Collateral Limitation to the Response Period (Time Extension) in the Code of Civil Procedure. In this newsletter, we will examine what the new regulation brings.
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Many amendments have been made in Code of Civil Procedure numbered 6100 with the Law No.7251 amending the Code of Civil Procedure which published on 28.07.2020 dated and 31199 numbered Official Gazette. |
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We will examine the new regulations and amendments in the Civil Procedure Law No. 6100 regarding the collateral limitation regarding the response of the defendant (extension of time) and the beginning of this period. |
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How Long Is The Response Period? In Which Situations Is It A Matter To Giving Collateral Limitation To The Response Time (Time Extension)? How Long Is The Collateral Limitation (Time Extension) Given To The Response Period And What Is The Beginning Of This Additional Period (Extension)? |
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How Long Is The Response Period? |
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The response period is; two weeks after the petition is notified to defendant pursuant to ARTICLE 317/2 titled “Submissions of Petitions” of the Code of Civil Procedure numbered 6100. |
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In Which Situations Collateral Limitation (Time Extension) To Response Period Be Given? |
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The legal regulation related to giving additional period (time extension) to response period is regulated under the Article 317/3 of the Code of Civil Procedure numbered 6100. |
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In cases where it is very difficult or not possible to prepare the reply petition within this period (within two weeks from the notification of the petition to the defendant),depending on the situation and conditions, the court may grant collateral limitation if the defendant makes a request to the court during this period. In other words, it is not possible to give additional time in any case and at all events. |
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Within Which Time Period a Collateral Limitation (Time Extension) Can Be Requested? |
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According to the Article 317 titled “Submission of Petitions” of the Code of Civil Procedure numbered 6100, |
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Within the two-week response period starting with the notification of the petition to the defendant, the defendant must request an collateral limitation (extension of time) to the response time from the court. |
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How Many Times Is There A Right To Request An Additional Time To The Response Time (Time Extension)? |
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According to the “Submission of Petitions” titled Article 317/2 of the Code of Civil Procedure numbered 6100; |
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Within the two-week statutory response period, the defendant who requests an extension of the response time (time extension) is given an additional time for once only. |
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How Long Was the Collateral Limitation (Time Extension) Given to the Response Period in the Code of Civil Procedure numbered 6100 and What Was the Beginning of this Collateral Limitation (Extension of Time)? What Amendments Have Been Made With Law No. 7251 On This Subject? |
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It has only been regulated that the additional period to be given is two weeks and the decision regarding the request for additional response period must be notified to the parties in the Article 317/2 titled “Submission of Petitions” of the Code of Civil Procedure numbered 6100. |
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There was no clarity in the legal regulation regarding the beginning of the additional period given in line with the accepted time extension request. |
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The Civil Procedure Law No. 6100 on this subject is applied by determining the beginning of the period in the court decision in which the request for collateral limitation (extension) was accepted by the courts. Additional period could start as of the notification of the decision, as well as by the end of the legal response period. |
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Regarding the beginning of the period in the cases where collateral limitation (time extension) is given, an innovation not an amendment is brought with the Article 31 of the Code No. 7251 on the Amendment of the Code of the Civil Procedure, which entered into force on 28.07.2020, to the Code No.6100 of Civil Procedure Law. |
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This innovation of the Code of Civil Procedure aims to eliminate uncertainty experienced and to ensure unity in implementation. |
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With the Law No. 7251 on the Amendment of the Code of Civil Procedure, the issue of the beginning of the collateral limitation to the response period (time extension) has been clarified with the regulation of "to start processing from the end of the response period of the defendant ..". |
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