Newsletter-21

365 If the regional court of appeal does not determine any deficien- cies in its preliminary review, it proceeds to the reviewing phase. The review is limited to the grounds provided in the petition, with the exception of matters that relate to public policy (CPC Art. 355). Contrary to the Court of Cassation’s review, appellate review is not limited to the legal determinations. During the appellate review, the regional court of appeal may examine the facts of the case, conduct hearings, and render a decision 5 . Art. 353 of the CPC provides the circumstances in which the holding of a hearing is not necessary; with the exception of these cir- cumstances, the regional court of appeal holds a hearing. If one of the parties does not attend the hearing without any just cause, or fails to pay expenses related to the investigation within the due period, the decision is granted on the basis of the existing documents and cir- cumstances in accordance with Art. 358 of the CPC, provided that the relevant party is invited to the hearing, in writing. If a decision cannot be granted without conducting an investigation, the application of ap- peal shall be refused. In addition to foregoing provisions, in accordance with Art. 360 of the CPC, the procedures of the court of first instance shall apply in the absence of specific provisions. Review of the Regional Court of Appeal’s Decisions before the Court of Cassation Art.(s) 361-361 of the CPC provide for the regional court of ap- peal’s decisions subject to the review of the Court of Cassation. Ac- cordingly, the regional court of appeal’s decisions relating to monetary amounts which do not exceed TRY 25,000 (including TRY 25,000), relating to the disputes within the jurisdiction of the courts of peace, with the exception of disputes arising from the Law on Condominiums dated 23.06.1965 and numbered 634, and which are related to real rights on the property, the decisions relating to disputes before the courts of first instance that pertain to competence and authority, and the decisions on the determination of the competent court, decisions 5 Hakan Pekcanıtez, Oğuz Atalay, Muhammet Özekes , Medeni Usul Hukuku, Ankara 2013, p. 880. LAW OF CIVIL PROCEDURE AND ENFORCEMENT AND BANKRUPTCY