According to new article 18 sub-article 5 of Mediation Code of Civil
Disputes (MCoCD) “Both of the parties can not file a case about matters
agreedif they reached an agreement during the mediation.”This new annexation
to the Code introduced by Statute N: 7036. This is reasoned by the Statute as
“prohibition of litigation”.
This Statute has not any explanations about the characteristic of the so
called “prohibition of litigation” or what should courts do if a party file a case
about agreed matters or if there is any exception of this prohibition. According
to article 18 of MCoCD a written agreement is considered as a writso parties
can enforce this agreement instead of file a case. Thus, this so called
“prohibition of litigation” is a negative cause of action which shows that parties
have not a legal interest (Code of CivilProcedure art. 114/1-h) to case a file.
Generally there are exceptions of “prohibition of litigation”. Mediation
agreement is considered as a contract so must be accepted that this contract can
be annuled by an action grounds on forgery, defective intentionand invalidity of
contract.
Mediation Code of Civil Disputes prohibition of litigation writtenagreement cause of action quasi-writ
Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu Dava Açma Yasağı Anlaşma Belgesi Dava Şartı İlâm Niteliğinde Belge
Primary Language | Turkish |
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Subjects | Law in Context |
Journal Section | Articles |
Authors | |
Publication Date | December 21, 2018 |
Submission Date | October 1, 2018 |
Published in Issue | Year 2018 Volume: 20 Issue: 2 |
Dokuz Eylül University Law Review
is indexed and abstracted by
TR-DİZİN, DergiPark, HeinOnline, Academindex, Ulrich’s Periodicals Directory and Asos Index
The Dokuz Eylul Law Review will be published only online starting from the May 2024 issue.
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