To File a Case in Turkey (Petition)
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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.
ABOUT THE AUTHOR: Atty. Gökhan Cindemir
He graduated from Anatolian High School of Karadeniz Eregli, after his graduation he studied in Belgium with AFS intercultural exchange program. He obtained his law license degree from Marmara University of Law Faculty. During his university education, he participated in Philip C. Jessup International Law Moot Court Competition on behalf of the Marmara University. After his admission to Istanbul Bar Association in 2009, he obtained master degree (LL.M) from Gent University / Belgium in the field of European and Comparative law. His master research was about Freedom of Establishment In Relation With Turkey and EEC in the frame of Ankara Agreement. He is specialized in International Private Law, European Law, Real Estate Law, Penal Law and Tort Law. He speaks fluent English and has good command of Dutch and French. He is also authorized as a solicitor, barrister.
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More information about Cindemir Law Office
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
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.
ABOUT THE AUTHOR: Atty. Gökhan Cindemir
He graduated from Anatolian High School of Karadeniz Eregli, after his graduation he studied in Belgium with AFS intercultural exchange program. He obtained his law license degree from Marmara University of Law Faculty. During his university education, he participated in Philip C. Jessup International Law Moot Court Competition on behalf of the Marmara University. After his admission to Istanbul Bar Association in 2009, he obtained master degree (LL.M) from Gent University / Belgium in the field of European and Comparative law. His master research was about Freedom of Establishment In Relation With Turkey and EEC in the frame of Ankara Agreement. He is specialized in International Private Law, European Law, Real Estate Law, Penal Law and Tort Law. He speaks fluent English and has good command of Dutch and French. He is also authorized as a solicitor, barrister.
Copyright Cindemir Law Office
More information about Cindemir Law Office
View all articles published by Cindemir Law Office
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
