The second subsection of the sixth chapter of the first part, titled “General Provisions,” of the Code of Civil Procedure (Law No. 6100) regulates the institution of “Reinstatement.” The provisions regarding reinstatement, which introduce significant changes to the provisions of the Code of Civil Procedure, are listed between articles 95 and 101.
Reinstatement (restoration to the previous state, reverting to the previous status) is the granting of the right to perform an action to a person who, due to unforeseen circumstances, was unable to perform that action within the time limit specified by law or determined by the judge. In this context, reinstatement is a procedure related to procedural law, and as a rule, a request for reinstatement will have no effect in areas outside of procedural la
CONDITIO
As mentioned above, our legal system allows subjects of litigation who have not performed procedural actions within the prescribed time limit to perform those actions if certain conditions exist. As a result of this provided opportunity, the parties are prevented from suffering due to procedural actions they could not complete due to reasons beyond their control, and the legally guaranteed rights of individuals are strengthene
Missing the Deadline Due to Reasons Beyond Contr
As stated in Article 95 of the Code of Civil Procedure, in order for a party to request reinstatement, the procedural action forming the basis of the request must first have been impossible due to reasons beyond their control. The concept of “reasons beyond control” expressed here should be evaluated subjectively. In cases followed by a legal representative or lawyer, the legal representative or lawyer may also rely on the reason for reinstatement
Absence of Another Legal Remed
As stated in Article 95 of the Code of Civil Procedure, if the same result sought by the action that could not be completed within the deadline can be achieved through another legal means other than reinstatement, a request for reinstatement cannot be made. Application Must Be Made Within the Time Limi
According to Article 96 of the Code of Civil Procedure, the request for reinstatement must be made within two weeks from the removal of the obstacle. In first instance and appellate proceedings, it is possible to request reinstatement of a procedural action until the final decision is rendered at the latest
APPLICATION PROCEDU
A request for reinstatement of a procedural action is made by petition to the competent authority authorized to review the procedural action that could not be completed within the prescribed time limi
A request for reinstatement of a procedural action does not necessitate the postponement of the proceedings and does not prevent the execution of the judgment. However, if the court reviewing the request deems it justified, it may decide to postpone the proceedings or suspend the execution of the judgment, provided that a security deposit is provided. The court may also decide to postpone the proceedings or suspend the execution of the judgment without providing a security deposit if necessar
In a request for reinstatement of a procedural action, full proof is not required; approximate proof is sufficient. If the request for reinstatement of a procedural action is accepted, the court will specify in its decision which actions have become invalid. However, actions that cannot be invalidated by amendment are not affected by a request for reinstatement of a procedural actio
The procedural action that could not be completed within the prescribed time limit must be completed within the two-week period stipulated for requesting reinstatement of a procedural actio
The costs arising from the request for restoration to the previous state shall be borne by the requesting par tyn.n.y.t.RE.ty.old.NSw.by the requesting party.