What is the Concentration Principle?

What is the Concentration Principle? | Legal Information | Law Firm | Lawyer in Izmir

concentrate

noun, archaic, (teksi:fi), Arabic teks̱īf

Intensification, thickening, darkening.

The parties must present the facts, claims, and defenses they rely on within the scope of the proceedings, within a specific timeframe and within the limits stipulated by law. Facts and evidence presented outside this timeframe are, as a rule, not accepted as evidence by the court. After submitting a reply to the defendant's response, the plaintiff cannot expand or change their claim without the defendant's consent. Similarly, after submitting a second response to the court, the defendant cannot expand or change their claims and defenses without the plaintiff's consent. An exception to this rule is the amendment of the claim.

Law No. 6100 on Civil Procedure

Article 25- (1) Except for the exceptions provided for in the law, the judge cannot spontaneously take into account things or facts not stated by either party and cannot even engage in behavior that might remind them of such things. (2) Except for the situations specified in the law, the judge cannot spontaneously collect evidence.

Article 141- (1) The parties may freely expand or change their claims or defenses with reply and second reply petitions. Claims or defenses cannot be expanded or changed after the mutual exchange of petitions. (2) The provisions regarding amendment and the explicit consent of the opposing party are reserved for expanding and changing claims and defenses.

SUPREME COURT 9th LAW DIVISION E. 2017/109 K. 2017/64

6100 sayılı HKM’nın 25. maddesine göre Kanunda öngörülen istisnalar dışında, hâkim, iki taraftan birinin söylemediği şeyi veya vakıaları kendiliğinden dikkate alamayacağından (teksif ilkesi- maddi vakıa ile bağlılık) davacının iddaa etmediği “hergün 1,5 saat daha fazla çalışma” olduğunun kabulü anılan ilkeye aykırıdır.” gerekçesi ile bozulmuştur.

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