Newsletter-21

363 court, the threshold shall be compared to the total amount of the receiv- able. If the total amount of the receivable is requested, the party whose requests are refused or do not exceed the relevant threshold, shall not appeal the decision. Furthermore, the final decisions that are subject to the Court of Cassation’s review, and which fall within the jurisdiction of the regional court of appeal in accordance with the other relevant legislation, may also be brought before the regional court of appeal. Application to the regional court of appeal is made through a petition. The petition shall contain the subject, name, surname, Turk- ish Republic identification number and address of the parties; name, surname and address of the legal representative and attorney, the court of first instance that rendered the decision to be appealed, as well as the date and number of the decision; the date upon which the appel- lant was notified of the decision; summary of the decision; causes and grounds of the application; request and signature of the appellant or of its legal representative or attorney, if applicable (CPC art. 342). In accordance with the same article, the relevant court will not refuse the application of appeal based on any deficiencies regarding the petition, if the petition contains the relevant information on the identity of the appellant, his/her signature, and other details that are sufficient to de- termine the decision subject to the application. The petition of appeal may be delivered to the court that rendered the decision in question or to any other court (CPC art. 343). The petition of appeal shall be registered in the regional court of appeal application book upon the court taking delivery of the petition, and a certificate of receipt shall be provided. In accordance with Art. 118 of the CPC, the application date shall be the date upon which the registration in the book was made. By the time of the delivery of the petition of appeal, the ap- plication fee and all expenses, including the expenses related to the notification process shall be paid. If the relevant expenses or fees are not paid at the time of application, the court shall grant a one week definitive period for the payment, and informs the appellant in writing that the appellant shall be deemed to abandon its application in the event of non-payment of the relevant expenses (CPC art. 344). If the payment is not made within the one week period, the application shall be deemed as not filed. The relevant decision may be appealed. LAW OF CIVIL PROCEDURE AND ENFORCEMENT AND BANKRUPTCY

RkJQdWJsaXNoZXIy NTk2OTI2