Terms of the Case
In order for the court to examine and decide a case on the basis of its existence or absence, all of the necessary conditions are called the case conditions.
A lawsuit filed without a lawsuit requirement is also a derdest, filed lawsuit. Because the terms and consequences of the case are born as soon as it is opened. Therefore, the case requirement is not a necessary condition for the opening of the case, but the conditions necessary for the judge to enter into the principles of the dispute.
The terms of the case can be realized in the form of positive and negative case terms. For example, it is a positive condition that the court is in charge, and a negative condition that there is no final decision on the same case.
The general terms of the case have been regulated in HMK 114. That is, the conditions that must be present in each case. And there are special case conditions that are not sought in every case, but are sought in some cases. The terms of the special case must also be based on the law. HMK m.according to 114, the terms of the case are as follows;
ARTICLE 114- (1) The terms of the case are as follows:
a) The existence of the right of jurisdiction of the Turkish courts.
b) The judicial method is permissible.
c) The court is in charge.
d) In cases where the authority is final, the court is authorized.
d) The parties have the license of the party and the case; in cases where legal representation is involved, the representative has the necessary qualifications.
e) Having the right to pursue a case.
f) In cases that are followed up through a proxy, the proxy must have a power of attorney for the case and have a duly issued power of attorney.
g) The expense advance that the plaintiff must deposit has been deposited.
d) Fulfillment of the requirement of the decision on the presentation of collateral.
h) The plaintiff has a legal interest in filing a lawsuit.
i) The fact that the same case has already been filed and is still being considered.
i) The fact that the same case has not previously been conclusively ruled on.
(2) The provisions on the terms of litigation contained in other laws are reserved.
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