ERDEM-NEWSLETTER-2018-metin

271 LAW OF CIVIL PROCEDURE construction. In the event where one of the parties objects to the expert report in the file, based on the expert opinion, and these objections are not taken into account by the court, whatsoever, and are not responded to with justifications, the right to a legal hearing of the party that is dependent upon the expert opinion, which constitutes the most important element of the right to a fair trial that is protected under the Article 27 of the CCP num- bered 6100, Article 36 of the Constitution, and Article 6 of the European Convention of Human Rights, shall be violated. The opinion of the expert submitted to the file contains findings and opinions contrary to the expert report, and there are serious cont- radictions between the expert report and the expert opinion. As it is incorrect to make a judgment on the basis of an inadequate and substantially challenged expert report, instead of having the file sent to a new expert committee in order to resolve the conf lict between the expert report and the expert opinion, and evaluating and discussing this expert report with justification, the decision must be reversed.” “… Defendant’s attorney has made substantial objections to the expert report and supported his objections by the expert opinion taken according to Article 293 of the CCP numbered 6100. The expert opinion, as regulated under Article 293 of the CCP numbered 6100, also referred to as the special expert in practice, is regulated as the parties’ way to obtain information from a special and technical expert determined by them, in order to enlighten and comprehend the case, and to prove their claims and defenses. The parties shall submit an expert opinion to the court in order to defend their interests and to shed light on the case in order to render a just and fair judgment, in the event they are not satisfied by the expert report taken by the court. In particular, the court is obliged to take into account and evaluate the expert opinion submitted by the party, if it is relevant to the case, where special and technical information is required … As it is incorrect to make a judgment on the basis of the inadequate and substanti- ally challenged report, instead of having the file sent to a new ex- pert committee in order to resolve the conf lict between the expert report and the expert opinion, and evaluating and discussing this expert report with justification, the decision must be reversed.”