Appeal to the Court of Cassation (Temyiz)
Also known as: Cassation, Temyiz, Court of Cassation, Yargıtay, Cassation Threshold
Author Ali Gül
In short
The appeal by which regional court decisions in cases above a monetary threshold are reviewed by the Court of Cassation for compliance with the law.
An appeal to the Court of Cassation (temyiz) is the review of regional court decisions by the Court of Cassation for compliance with the law (Code of Civil Procedure Arts. 361-373). Unlike an appeal to the regional court, facts are not re-determined; the Court of Cassation reviews whether the law was correctly applied.
Monetary Threshold
- Regional court decisions in cases whose amount or value does not exceed the statutory threshold are final.
- The cassation threshold for 2026 is TRY 682,000. It is updated each year by the revaluation rate and applied by the amount on the date the case was filed.
- Some decisions cannot be appealed regardless of value; for example regional court decisions remitting the case to the first-instance court and certain non-contentious matters listed in the Code.
Time Limit and Filing
- The time limit is two weeks from service of the decision.
- The appeal is filed by petition to the regional court that gave the decision or to another court.
- In cases above a certain amount, the parties may request a hearing.
Grounds
- Decision by a court lacking jurisdiction,
- Incorrect application of the law,
- Breach of procedural rules,
- Unlawful assessment of evidence.
The Court of Cassation’s Decision
- Affirmation: The decision complies with the law.
- Reversal: The decision is unlawful; the file is sent back for a new decision. Compliance with or resistance to the reversal is subject to separate procedures.
- Affirmation with correction: If the error concerns only application of the law and does not require retrial, the decision is corrected and affirmed.
A cassation appeal does not automatically stay enforcement; a stay may be requested by providing security. In certain cases, such as real estate and family law, a judgment cannot be enforced until final. For appeal costs, see Litigation Costs.
Frequently Asked Questions
What is the cassation threshold in 2026?
For civil cases, the cassation threshold for 2026 is TRY 682,000. Regional court decisions in cases whose amount or value does not exceed this are final. The threshold is determined by the amount applicable on the date the case was filed.
Does the Court of Cassation re-examine the facts?
No. The Court of Cassation reviews whether the decision complies with the law. Re-collection of evidence and re-determination of facts take place at the regional court stage.
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