Turkish law topic · 1 article
Appeal to the Regional Court of Appeal
The appeal lodged with the Regional Court of Appeal against decisions of first instance courts; the review covers both the legality of the decision and the facts. Decisions below the monetary threshold are final, and the time limit for appeal is as a rule two weeks from service of the decision.
An appeal to the Regional Court of Appeal, known in Turkish procedure as istinaf, is the ordinary remedy against decisions of the courts of first instance in civil matters. Unlike a pure review of law, the istinaf examination covers both the legality of the decision and the facts, so the appellate court re-examines the evidence as well as the application of the law. The procedure is governed by the Code of Civil Procedure No. 6100, and the time limit is as a rule two weeks from service of the reasoned decision. Decisions below the monetary threshold set by the law are final and cannot be appealed at all.
For foreign parties the stage matters in two directions. A party that has lost at first instance must track the service date precisely, since a missed deadline makes the decision final. A party that has won must accept that the decision is generally not the end of the matter and plan for the time an appeal adds. This is particularly visible in tenfiz proceedings for the enforcement of foreign judgments, where either side may appeal and a timely appeal keeps enforcement pending until the decision becomes final.
The guide below explains how istinaf and temyiz appeals work against a tenfiz decision in Türkiye.
Key Questions
The period runs from service of the reasoned first-instance decision on the party, not from the date on which the decision was pronounced at the hearing. For foreign parties this makes the notification record the most important document in the file: it fixes the day on which the two weeks begin and it is what the appellate court examines when timeliness is disputed. Waiting for an informal copy of the decision does not postpone the period. Missing the deadline because notification dates were not tracked is one of the most common and least recoverable mistakes.
Guides and Articles
Related Legislation
- Code of Civil Procedure, Art. 341
- Code of Civil Procedure, Art. 345
- Code of Civil Procedure, Art. 353
Topic Map
- Overlapping topics
- Criminal Appeals in Türkiye
- Related topics
- Appeal to the Court of CassationLegal Aid in Turkish ProceedingsEnforcement of Court JudgmentsFiling Deadlines in Turkish Administrative Litigation
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