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COURT OF CASSATION RULINGS

An End to the 'read' Trap in Uyap from the Court of Cassation

Official titleDecisions of the 3rd Civil Chamber of the Court of Cassation (Yargıtay)

The 3rd Civil Chamber of the Court of Cassation ruled that the 'read' record in the UYAP system does not substitute for official service and that a new lease contract signed after an eviction commitment renders the old commitment null and void.

Details of the Regulation

In the decisions of the 3rd Civil Chamber of the Court of Cassation published in the Official Gazette, two critical precedent decisions were included regarding both procedural law and tenancy law. In the first decision, the local court's deeming the lawsuit not filed by running the statutory time limits from the date the plaintiff's counsel read the interlocutory decision regarding the rejection of the legal aid request via the UYAP system was found to be unlawful. The Court of Cassation emphasized that a simple 'read' record in the UYAP system does not substitute for the official service or pronouncement stipulated in the statute, and that service must be duly carried out pursuant to the provisions of the Electronic Notification Law (UETS).

In the second decision, a dispute closely concerning tenancy law was resolved. The plaintiff landlord initiated enforcement proceedings based on an eviction undertaking; however, after the issuance of this undertaking, a new written lease contract was concluded between the parties. The Court of Cassation, stating that establishing a new tenancy relationship after an eviction commitment renders the former commitment automatically null and void, reversed the local court's decision in favor of eviction for the benefit of the law.

Both decisions were rendered upon the appeal on points of law for the benefit of the law by the Ministry of Justice, and while they do not alter the legal consequences of finalized local court judgments, they constitute binding and guiding precedent for similar future lawsuits.

REGAS Commentary

These decisions are a significant safeguard for citizens. The mere fact that you clicked and viewed a document on UYAP while having a lawsuit at the courthouse does not mean that the forfeiture statutory time limits have commenced; official service is mandatory. On the other hand, if tenants sign a new contract with the landlord after executing an eviction commitment, they are released from the pressure of the former eviction commitment.

Questions You Might Have

If I open and read a court document on UYAP, does the time limit granted to me start on that day?
No. According to this decision of the Court of Cassation, the 'read' record in UYAP does not substitute for service. For the time limit to commence, either an official notification must be served to your electronic notification (UETS) address, or physical service must reach you.
If we sign a new lease contract after I provide an eviction commitment to my landlord, can they evict me from the house based on the old commitment?
No, they cannot evict you. Signing a new lease contract between the parties after an eviction undertaking renders the old commitment entirely null and void.

Key Terms

Tefhim
Oral notification of the judgment or decision to the parties present at the hearing.
Kanun Yararına Temyiz
An appeal on points of law by the Ministry of Justice or the Chief Public Prosecutor's Office of the Court of Cassation against court decisions that have become final but are contrary to the law, in order to guide future practice.
UETS (Ulusal Elektronik Tebligat Sistemi)
The official system that ensures the secure delivery of notifications in an electronic environment pursuant to the Notification Law.

Where we posted this

An End to the 'read' Trap in Uyap from the Court of Cassation

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REGAS analyzed all 36 items in the Official Gazette of 18 July 2026; we published only 3 of them here.

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