Türk Hukuk usulünde teminat

Abstract

T. a Yükseköğretim Kurulu DokümantesjK» MerkMl SUMKARY OF THESIS As a rai e everybody has right to litigate ör make some regaest frora coart in oar law, Demandsnts are not asked fo.r warranty as a rai e. Bat legislators set ap some exemptions from the rûle. it is sometimes necessary to war- rant for briftging a sait and some reqaest. Not only Turkish citizens who have not resided in Tarkey but also ali foreigners ought to warrant in case of litigation in Tarkish ^oarts. This varrant is ased to gaaranty the expen~ ditares and loss of defendant. in addition to bringing e sait, a person is reqaired to warrant in some cases. These ere caa- tîonary judgement, cautionary attachment, executive proceedin?1, appeal, retrial restitıtion and composition with creditory. it is possible that defendant might be demaped becaise of the sait ör the cases which were stated above. Defencîent is able to demand the c~>mpansation of his expenditıres and loss from the warrant when the sait ör prosecation is an.jast. ior that reason, he shDald apply to the c o ir t to brincr a sıit. Those which are ased as warranty have been ststed in the system of law. Goort determines the amoûnt of warrant. it mast be in the amoant of compansation of defendant's expenditares and loss. Litigation of foreigners and Tırkish citizens who have not resided in Tarkey ör perticipation to sait and deterıcina- tion of the side who will warrant in the cases of ceutionary attachment, execative proceeding, appeal, retriel, restitı- tion composition with creditors and the sıman t of v;errarît » were examined in this thesis. What kind of loss and expen- ditores and person who is able to demand this warrant are also examined. Additionâlly the sabjects which ere releated to restoration of wsrranty, identity of people who will be restored, timing'afti the methods of restoration ete. vere researched too,;,