119 of the Code of Civil Procedure No. 6100. the article regulates the mandatory elements of the lawsuit petition. The legislator has specially arranged in the text of the article the elements that can be completed after the filing of the lawsuit petition and the elements that must be included in the lawsuit petition.
In the text of the article
a) The name of the court.
b) The name, surname and addresses of the plaintiff and the defendant.
c) The identification number of the claimant from the Republic of Turkey.
ç) The name, surname and addresses of the legal representatives of the parties and the plaintiff’s attorney, if any.
d) The subject of the lawsuit and the value of the thing that is the subject of the lawsuit in cases related to property rights.
e) Clear summaries of all the facts on which the claimant’s claim is based under the sequence number.
f) What evidence will be used to prove each alleged fact.
g) Based on legal reasons.
d) A clear indication of the result of the request.
h) The signature of the plaintiff’s legal representative or attorney, if any, is included under the heading of the elements that must be present in the lawsuit petition.
If the parties to the lawsuit are real persons, their names, surnames and addresses; if they are legal entities, the type, title and address of the legal entity should be indicated in the lawsuit petition. Since the parties to the case are considered mandatory elements in terms of the case and the petition submitted, it is essential that the parties are duly informed in the petition to be submitted. If the incomplete notification here will lead to a change of parties to the case when it is completed later, 119. not the article, 124. it will be necessary to take advantage of the provisions of the article and submit a petition in accordance with this article.
The legislator has determined that the Republic of Turkey identification number of the person who filed the case should be included as a mandatory element in the petition. If the plaintiff is a natural person and a citizen of the Republic of Turkey, the identification number of the Republic of Turkey must be specified in the petition. If the plaintiff is a foreigner, the foreigner’s identification number must also be included in the petition.
The person who wants to file a lawsuit can apply personally or file a lawsuit through a proxy or lawyer. In this case, the name, surname and address of the legal representative or deputy must also be included in the petition. When the plaintiff personally files a lawsuit through his legal representative or attorney, the petition contains the signature of the person presenting the case, and the legal entity contains the signature of the person authorized to sign. mandatory elements.
The person who filed the lawsuit is required to clearly indicate the result he wants to achieve with this lawsuit in the lawsuit petition. If this element is not clearly stated in the petition, as can be seen in many precedent judicial decisions, the plaintiff will be given a fixed period of one week, and if the deficiency is not corrected within this period, the case will be deemed not to have been filed. it’s been filed. In this case, it is a mandatory element for the plaintiff to clearly state the result he wants to achieve by filing a lawsuit.
If the plaintiff does not duly inform the plaintiff’s and defendant’s first, last and addresses, Republic of Turkey identification number of the plaintiff, first, last and addresses of the legal representatives of the parties, if any, if the plaintiff’s attorney’s last names and addresses and the result of the claim are clearly stated, the Court will give the plaintiff a definite period of 1 week due to the absence of mandatory elements required to file a lawsuit. If the deficiency is not corrected within this period, the case is deemed not to have been filed. The court cannot determine this period as more or less than what is stipulated by law.
Again, the same result will occur if the signature of the plaintiff, his legal representative or lawyer, if any, is not included in the petition. If any or more of the elements listed in this section are missing, if this deficiency is not corrected despite the given time, it will result in the case being deemed not to have been opened without examination.
In the Decrees to be held between the parties or in non-contentious judicial proceedings, the absence of the elements that should be included in the petition will prevent the healthy conduct of the trial. In this case, the petition that initiates the trial and is the most important argument of the trial throughout the trial should be prepared carefully and in accordance with the conditions sought by the legislator.
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