مرکز منطقه ای اطلاع رساني علوم و فناوري

Abstract :

According to the Code of Civil Procedure Nr. 1086, which came into force in 1927 and regulated the turkish civil procedure until 2011 for more than 85 years, was prohibited to ask opinions of judicial experts about legal issues. Despite of it, it has became a usual practice of courts to ask the judicial experts opinion for almost every law case about the case content, preparing of judicial expert reports including experts general comments which discusses the claims, defence and justness of the parts on the issue, and giving a decision due to judicial expert reports. High Court has let the courts on their act of execution about the judicial expert institution by rejecting objections and by not reversing the decision of the lower court on appeal instead of evaluating that the court does not have to hold to the judicial expert reports. With the Code of Civil Procedure 6100, which came into force in 2011, the legislator aimed to solve this problem to avoid the tendency to permit the judicial expert by the name of specialty areas of law and in this way ruled that except external areas of science of law judicial experts are prohibited from expressing their opinion on legal issues. Though the legislator prohibited the judicial expert beyond dispute, it was unable to quit the judicial expert for the courts and by the reason of the Regulation on Judicial Expert of Ministry of Justice Article Nr. 5/III it became possible to take opinion of judicial expert on all sections of the law. In this paper will be studied the articles of Code of Civil Procedure on judicial expert comparing with the articles of the Regulation of Ministry of Justice including their harmony with each other and judicial expert will be evaluated together with the perspective of courts, judicial experts and the parts of the law case and furthermore the coordination of the judicial expert institution with International Conventions and Constitution will be discussed and the evidence character of judicial expert opinions on the legal issues in law cases will also be evaluated.