In consideration of litigation, there are two procedures in Turkey.
Written Proceeding which can be appllied to the court of first
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,
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
E) Disputed amount and subject of the case
F) Summary of
cases with numbered paragraph
G) Evidences and other proof
H) Legal Reasons
I) Demand from the court
Signature of applicant
It is important to bear in mind that
the interest stemming from debt must be explicitly mentioned in the
Submission of Lawsuit Petiton
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
Subsequent to proceed of a case foreclosure duration regarding
subject of the case frozens
3. Presonal right conversion to
4. Good faith conversion to bad faith
Assignment of debt status
Regarding procedural results of
1. Court’s duty to review the case starts
Determination of the conditions of the case depends on the date of
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.