Temyiz

Temyiz is a legal term used in Turkish law that denotes the right or process of appealing a court decision to a higher judicial authority. It serves as an appellate remedy intended to correct errors in the application or interpretation of law and to promote uniform judicial practice. Temyiz is generally focused on matters of law rather than on questions of fact, and its outcome can affect how the law is applied in subsequent cases.

In practice, temyiz typically involves challenging the reasoning or legal conclusions in a judgment before a higher court. In civil and criminal matters, it is usually addressed to the Court of Cassation (Yargıtay) in Turkey, which reviews whether the lower tribunal applied the law correctly. Administrative decisions may be subject to review by the Council of State (Danıştay) or other specialized appellate bodies. The procedure and admissibility of temyiz are governed by statutes that specify who may file, on what grounds, and within what time limits.

The scope of temyiz is to identify legal errors, misinterpretations of statutes, or procedural irregularities that could have affected the outcome. Facts established by the lower court are typically not re-examined in depth, except in limited circumstances where new evidence or significant procedural flaws might justify reconsideration. If a temyiz court finds a legal error, it may uphold, overturn, or modify the judgment, or remand the case for further proceedings consistent with its ruling.

Temyiz is a central mechanism in the Turkish judiciary for ensuring legal accuracy, consistency, and the protection of due process across the legal system.