Medenî Yargılama Hukukunda Hâkimin Yasaklılığı

Abstract

Process of judging is open to emotional impacts. This is because, it is maintained by judges, who are human beings. This human impact on the trial can be made positive by providing impartiality. The institution of the prohibiton of the judge serves this purpose. In the first part of the study, judge's qualifications and the fact of impartiality are explained, the relation between them is mentioned. In the second part, the institution of the prohibiton of the judge, it's causes and procedural aspects are discussed. In the third part, the relation between the institution of the prohibition of the judge and the retrial are explained.