Depending on the nature of the case, the parties must have a party and driver’s license (HMK Art. 114/1-d), and this matter must be related to public order.
The court is obliged to investigate ex officio whether the conditions for the case exist at every stage of the proceedings.
The parties may always argue that the conditions for the case do not exist. (HMK 115/1) Given that the plaintiff-counterclaimant woman’s mental illness was raised in the case and that this claim is substantiated by certain evidence in the files, the court must proceed in accordance with Article 405 of the Turkish Civil Code and Article 56/1 of the Code of Civil Procedure. Pursuant to Article 462/8 of the Turkish Civil Code, it is necessary to investigate whether the plaintiff-counterclaimant woman should be placed under guardianship and, if necessary, to evaluate this issue as a preliminary matter. It is necessary to proceed in accordance with this article and wait for the conclusion of the proceedings.
Continuing the proceedings without considering this matter and rendering a decision on the merits of the case is contrary to procedure and law.
An example:
Since the plaintiff-counterclaimant woman’s mental illness has been alleged and this claim has been substantiated by some evidence in the files, the court’s task is to investigate whether the plaintiff-counterclaimant woman should be placed under guardianship and, if necessary, to evaluate this issue as a preliminary matter and await the outcome of the trial.