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Helpful Resources

Objective: help the source of law, and that they are merely the causes of an event that reveals what is to application effects. Description: Written sources of the judge to resolve a legal dispute that resources are applied. Besides, consisting of an unwritten common law, there are resources. They question the entire legal system is binding. But except for Criminal Law. In addition to these unwritten source obligatory feature of judges apply the resources are also available. While these resources need to resolve disputes that judges are helpful resources. Scientific opinions from sources of help (doctrine) are another judicial decision. Judges who had come to resolve an issue when you do not apply to these sources. If He will benefit from them. These resources resources-ni Liabilities are not mandatory. Indeed, the Turkish Civil Code: ''The judge deciding the scientific opinions and judicial decisions of the benefit.'' Mentioned in the description of these resources is not mandatory.

Therefore, if judges and judicial decisions of the scientific opinion the development of positive law of scientific opinion has great significance. Because existing law, a legal scholar rule of law should be (natural law) are evaluated according to the principles that rule of law according to the needs of day to give the answer they try to interpret or are proposed to replace it. The reason a large extent, hence can benefit from the scientific opinions of judges.inions of scientific resources which help you to apply for and be able to use to solve cases.

Besides this, another judge of the legal disputes without resorting to a conclusion any help you can connect to resources. In summary these are sources of help from other sources are the distinctive features.

1-Scientific Reviews: Usually controversial legal issues that have been put forward their opinions of Legal scholars are the thoughts and opinions. This is called ''doctrine'' or ''teaching''. Legal scholars with their roles, to explain the positive law, to uncover the real purpose of the rule of Law, that is to interpret them. Legal scholars while fulfilling this duty any thoughts and opinions about the legal problems are indicated. Also do in different ways. As a specific issue or discuss these issues and reach a detailed investigation to explain their results in monographic works are or systematic works published in this issue will also consider the opinions stated.

In the development of positive law of scientific opinion has great significance. Because existing law, a legal scholar rule of law should be (natural law) are evaluated according to the principles that rule oflaw according to the needs of day to give the answer they try to interpret or are proposed to replace it. The reason a large extent, hence can benefit from the scientific opinions of judges.Properties inTurkey in recent years, the judiciary system, especially judges and the Supreme Court's decision in this way is to go where they are seen as scientific views. It will be appreciated in terms of Turkish Judicial System is an event. Scientific opinions but also those who only practice law until the law also helps make. While the rule of law, the law really constructive in this regard have been suggested by legal scholars who have great benefits in reference to the opinions and thoughts. Because M. Kemal Atatrk's mentioned as the most genuine guide in life science. In short, here too, want to be told and the scientific opinions and scientific opinion that the doctrine of the mean are the benefits of the law.

Note: Statute of the International Court of Justice in the 38th article of the sources of international law is stated, the doctrine has been included as a source of help.

2-Judicial Precedents

Description: Conflicts subject to solve a legal case to court decisions that have been called judicial precedent. Judicial precedent, courts have given the case of a problem in the analysis were considered to be related to the principles reflect a similar role will assist in resolving the problem.

In front of a judge by any legal dispute or a matter of connecting to the results of a similar dispute before a result connecting the other possible court will investigate whether and in this way to determine a presence when you can benefit from it. However, court decisions, that judicial decisions are not binding for judges. For him, a judge, who had been brought before the dispute with regard to previously granted a similar dispute in accordance with the results of judicial decisions do not have to connect to.

However, in practice, judicial decisions of the courts and especially the Supreme Court's decision largely conform to that which they can be seen. Their own decisions, even decisions of the General Assembly of the Supreme Court judges are binding, although binding properties of case law has decided to merge. For example, the Supreme Court of the Constitution Act No. 2797, decided to combine the case clearly shows that the binding. Merge case law decisions to the General Assembly of the United chancery case law (Large and Small General Assembly of the General Assembly) are issued by and is published in the Official Gazette.

Supreme Court case law to merge the two departments of road decisions or decisions in a circle between the various dates of a contradiction that needs to be changed or the case was a final time to apply.

Note: The Court of Appeal Law (Law no: 2797, adopted on February 4, 1983; RG, 8 February 1983, 17953rd, Article 58): This law, according to the provisions of the policy decisions, to be regulations, case law merge decisions, the First Presidency by example can be determined Law General Assembly resolutions and Punishment is published in the Official Gazette. Law in the Official Gazette is published for the benefit of breaking decisions. (Administration Trial Procedures Law, adopted on January 6 1982; RG, January 20, 17580th, Article 51 / 3)

3-Resolution Merge of Case Law

Definition, Objectives and Characteristics:

There is a type of judicial decisions that help supply exceeds the quality of the binding measures are effective. Merge called case law decision of this decision the Supreme Court in certain special cases, such as the Council of State is given by the higher judicial organs, and is published in the Official Gazette.Supreme Court, high courts, such as the State Council, various committees and departments and between them into work in time to time differences may arise comment on specific issues. That decisions in such cases of disputes between the illegality or eliminate a particular path to get there and case law is adopted so that different case would be merged together. This decision to combine the case law stating the decision is called merge.

Given by the Supreme Court case law decided to join the general assembly of the Supreme Court in a similar legal issues, judicial offices and courts bonds. (Supreme Court Act, no: 45 / V) given by the State Council decided to merge the Council of State case law and council and the administration of courts and administration offices are obliged to obey.

Supreme Court Act and the provisions contained in the Council of State law, the case-law decisions such as the binding effect of the combination provides gain. In addition, case law Decisions Merge; Military Court of Appeal, the Supreme Military Administrative Court and the Court of Auditors laws regulating elements move.


Help and resources of law is a problem because they consist of an event can reveal what happened apply effects. Supporting resources for the scientific opinions (doctrine) and consists of judicial decisions. Judges who had come to resolve a dispute with these resources, while not necessarily have to apply if you can benefit from them. All this requires scientific opinions on the axis of the judicial decisions as well as binding the regulatory nature of the decision moves the case law merge.