Proceedings of the 17th International Academic Conference, Vienna

LEGAL AID IN CIVIL CASES IN TURKISH LAW

HALIL DURSUN

Abstract:

The constitution of Republic of Turkey Article 36 regulates the freedom to claim rights; “Everyone has the right of litigation either as plaintiff or defendant and the right to a fair trial before the courts through lawful means and procedures”. Legal aid was adopted in order to ensure the realization of these constitutional principles. In the Turkish private law, legal aid is regulated in two different laws. Article 334 and following of Civil Procedure Law sets basic regulations about legal aid service. Parties who don’t have sufficient income are exempt from court fees and expenses and in this case the Bar assigns a lawyer free of charge. Secondary regulation is Attorneyship Law. The purpose of legal aid is explained in Attorneyship Law as to make attorneyship services available to those who lack the wherewithal to pay attorneyship fees and jurisprudence costs with a view to overcoming the obstacles to the right of the individual to seek justice and to ensure equality in exercising the right to seek justice. In accordance with the regulations mentioned above this presentation focuses to give general information about legal aid in Turkey, individuals who request legal aid, scope of legal aid and procedure of legal aid service.

Keywords: Legal aid, Bar Association, Attorneyship Law, Civil Procedure Law, Court Fees.

DOI: 10.20472/IAC.2015.017.023

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