Decision to Unify Jurisprudence (İBK) is the decision taken by the Grand General Assembly of the Supreme Court of Appeals / General Assembly of Civil and Criminal Law in order to resolve the conflict between the conflicting decisions given by different chambers or general assemblies in the Supreme Court of Appeals.
Binding nature (Article 45 of the Supreme Court Law No. 2797)
DBKs:
- Binding for the Supreme Court chambers
- Binding for the courts of first instance
- Published in the official gazette
Change of the Jurisprudence by İBK
The IBK remains in force unless replaced by a new IBK. The decision of the first instance court, which made its decision based on old jurisprudence, is overturned.
Important IBK Examples
- 1974/1-2 — Heir collusion (heir with reserved share can file a lawsuit)
- 2014/3 — Filing fee and unfair condition in bank consumer contracts
- 2017/8 — Joint custody may be accepted
IBK references in cases strengthen the decision; Search for case law with lawyer.