A SCIENTIFIC ANALYSIS ON DAMAGE ACTIONS BY IZMIR UNIVERSITY OF ECONOMICS

05 JUNE 2014

Lecturers of Izmir University of Economics will research into procedures in damage actions. Asst. Prof. Dr. Ebru Ay Chelli, under the coordination of Prof. Dr. Huriye Kubilay, IUE Dean of Faculty of Law, will analyse whether the aggrieved was protected sufficiently in terms of adjudicatory procedures in legal system as part of the TUBITAK Project they developed.

Prof. Dr. Huriye Kubilay, IUE Dean of Faculty of Law, stated that the project titled, “Adjudicatory Procedures in Damage Actions” would last for 2 years, and that 87 people searched TUBİTAK homeland fellowship. Kubilay mentioned that a current study regarding adjudicatory procedures in damage actions was necessary and that law of damages was usually formed based on sources of legal responsibility. "In our country, law of damages generally include the responsibilities of state and state employees, determining the compensation, under which circumstances the lawsuits for pecuniary and non-pecuniary damages can be filed. The issue was always approached in terms of substantive law. The need for a current study regarding adjudicatory procedures in damage actions, which is the main topic of the study, became evident, stated Prof. Dr. Kubilay.

Majority of the lawsuits filed were damage actions due to contracts or wrongful acts, said Prof. Dr. Kubilay and she indicated that many changes happened with the Law No. 6100 on Civil Procedure entering into force on 01 October 2011. Prof. Dr. Kubilay said, "Lawsuits against attack on personal rights, unfair competition are among the lawsuits faced most frequently. Procedures implemented in damage actions, without a doubt, are subject to this new regulation. We will be analysing the adjudicatory procedures to be followed in damage actions with our research under the light of this new law.”

‘Does the legal system protect the aggrieved in terms of procedures?’

Asst. Prof. Dr. Ebru Ay Chelli, Lecturer at IUE Faculty of Law, stated that she received research fellowship from TUBITAK and this fellowship was important because limited number of people in law area studied abroad. Chelli stated that the rules in justice system needed to be clear and precise. She said, "In a well working justice system, the rules and principles in compensation lawsuits need to be clear, straight, and fast. This is very important for the protection of the aggrieved. The aggrieved may be a company as well as a doctor, lawyer, or a consumer. We are wondering if our legal system is capable of protecting the aggrieved in terms of adjudicatory procedures. Our study will focus on the answer to this question. We need to analyse our procedural law and its general rules and criticisms on these rules by also studying the foreign rules of law within the scope of compensation for damages.”