Article 71 of the Code of Civil Procedure. According to the article regulation, anyone who has a driver’s license can open and follow up his case through himself or his designated attorney. Ongoing 72. According to the regulation of the article, the provisions of the Code of Obligations on representation are applied to the case by proxy, provided that special provisions are reserved.
There are some rights that a power of attorney must have special authority over these rights in the content of the power of attorney that will be given to the attorney in order to pursue these rights through litigation. This means that the contents of the power of attorney that will be issued to the attorney must be equipped with a special authority granted by the representative in order to exercise the rights that require this special authority, as well as those that must be in a normal power of attorney. Situations requiring this special authorization Without special authorization, the proxy cannot perform the following operations. These;
There can be no magistrate,
The judge cannot refuse,
He can’t fix the whole case,
He can’t offer an oath,
You can not accept, return or refuse the oath,
He cannot appoint anyone else (the deputy appoints someone else as a deputy)
It cannot handle foreclosure,
He cannot ask for his client’s bankruptcy,
Cannot enter into an arbitration and arbitration agreement,
He cannot propose and give consent to the restructuring of the concordat or capital companies and cooperatives by settlement,
Cannot apply for alternative dispute resolution methods (AlternativeDiputeResolution/ADR),
He cannot waive the case or the ways of the law,
The other party cannot accept the release and lawsuit,
The return of the proceedings can not go your way,
He cannot file a lawsuit for compensation against the state for the actions of judges,
He cannot file and pursue cases related to strictly established rights to the person, unless it is clarified about which of them he is authorized (Divorce, change of name, denial of inheritance, etc.)
it is regulated in the form of a limited number in the law. As stated in the article of the law, the attorney must be clearly authorized in the matters listed above. The considered cases are a condition of a lawsuit. 115 of the Code of Civil Procedure on how to act if one of the conditions of the case is missing. it is indicated in the article. If it is determined that there is a lack of special authority in the power of attorney, this situation should be considered as a condition of the case that can be resolved. In accordance with Article 115/2 of the Criminal Procedure Code, the Court decides on the procedural rejection of the case if it finds a deficiency in the case requirement. However, if it is possible to correct the deficiency in question, in this case, the Court gives a definite period for correcting the deficiency. If the deficiency is not corrected within a certain period of time, the court decides to dismiss the case due to the absence of a condition.
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