To file a case in Turkey (Petition)
Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr
This article explains what is required for lawsuit petition in Turkish Procedural Law
In consideration of litigation, there are two procedures in Turkey.
Written Proceeding which can be appllied to the court of first instance.
In this procedure, preparation of the case sources requires written documents. It is noteworty to mention that the court is also obliged to review oral proceedings. Therefore , judicial case procedure consists of written proceedings (submission ofo petitions, response petitions) and oral proceedings (hearings, interegotion)
Lawsuit petition is required for filing a case at Turkish Courts. The petition must contain following informations to be approved by the court fort he continuation of the case case.
A) Name of The Court
B) First and Surnames of Applicatns/ and Defendants and adresses
C) ID number of Applicant (If applicant is a Turrkish citizen)
D) The name and adress of the attorney at law
E) Disputed amount and subject of the case
F) Summary of cases with numbered paragraph
G) Evidences and other proof methods
H) Legal Reasons
İ) Demand from the court
J) Signature of applicant
It is important to bear in mind that the interest stemming from debt must be explicitly mentioned in the lawsuit petition.
Submission of Lawsuit Petiton
Two original copy of lawsuit petition must be submitted to the court. One of the copy must be preserved in the case file and the other must be submitted to the defendant.
The applicant must remit the court fee and postal cost along with the lawsuit petition.
The case can be filed anytime, even during judicial vacation it is possible to take a lawsuit action.
Results of Filing a Case Regarding Legal Essence of The Case
1. Subsequent to post litem motom (proceeding a case) te prescription duration regarding subject of the case frozens
2. Subsequent to proceed of a case foreclosure duration regarding subject of the case frozens
3. Presonal right conversion to personal asset
4. Good faith conversion to bad faith
5. Assignment of debt status
Regarding procedural results of lawsuit action,
1. Court’s duty to review the case starts
2. Determination of the conditions of the case depends on the date of filing
3. Decision of the case linking to the date of filing case
It is important to bear in mind that the interest stemming from debt must be explicitly mentioned in the lawsuit petition.