Code of Civil Procedure (HMK) art.114-117 regulates the case conditions in civil proceedings. Case conditions are the conditions that must be present for the court to decide on the merits of the case. If these conditions are not met, the court will procedurally reject
the case.List of Case Conditions (HMK article 114)
The conditions of the case are listed in HMK article 114:
a) Turkish Courts Have the Right to Jurisdiction
The case must fall under the jurisdiction of Turkish courts. Foreign diplomatic privileges or certain cases against a foreign sovereign state may be covered by immunity.
b) Permissibility of Judicial Recourse
The case must be heard through civil jurisdiction. Disputes that fall within the jurisdiction of the administrative jurisdiction, criminal jurisdiction or tax jurisdiction cannot be filed in civil courts.
c) Jurisdiction of the Court
The type of court where the case will be heard must be chosen correctly (first instance/peace law, first instance commercial, business, family, consumer, etc.).
d) Jurisdiction of the Court (in cases of absolute authority)
The competent court rules are regulated in HMK article 6-19. In most cases, the jurisdiction requirement is not a lawsuit requirement; However, it is a condition of litigation in cases of absolute authority (real estate cases, inheritance, etc.).
e) Parties Having Party Capacity
Plaintiff and defendant must have civil rights. A lawsuit cannot be filed against a dead person, a legal entity that does not yet exist, or an abandoned company.
f) Parties Have Competency to Sue
The parties must have full legal capacity to conduct the case on their own; Minors and disabled people participate in the case through their legal representatives.
g) Parties have the authority to pursue the case with counsel in the first instance courts
In case of appointment of a proxy, the attorney must be a lawyer (Article 35 of the Lawyers Law); Exceptions to this rule are limited.
h) Plaintiff has a legal interest in filing a lawsuit
The plaintiff must have a concrete, current and legal benefit. It is not possible to bring abstract rights to court.
i) The Same Case Has Not Been Filed Before
If the same case has been previously filed between the same parties, a pending case occurs and the next case is rejected.
j) The Same Case Has Not Been Concluded Before
If there is a previous final judgment on the same issue between the same parties, the case is rejected due to final judgment.
k) Conditions Included in Other Laws
Laws other than the HMK may also stipulate special case conditions. The main ones are:
Compulsory Mediation
- Labor Law: Article 3 of the Labor Courts Law No. 7036 - seniority, notice, overtime, reinstatement, etc.
- Commercial Cases: TCC no. 6102 article 5/A — money receivables/compensation claims
- Consumer Cases: TKHK no. 6502 art.73/A
- Real Estate: Law no. 6325 art.18/B — rent, condominium, dissolution of partnership, neighbor's right
Administrative Application Requirement
For full jurisdiction cases to be filed due to administrative action, preliminary application to the administration is mandatory within 1 year (İYUK art. 13).
Time for Inspection of Case Conditions
The circumstances of the case are examined by the judge ex officio; There is no need for the parties to put forward (HMK article 115/1). The judge may, ex officio, determine the absence of a lawsuit requirement at any stage of the case.
Consequences of Lack of Lawsuit Conditions (HMK Article 115)
1) Complementable Deficiency
Some case conditions may be completed later. In this case, the court gives the plaintiff an appropriate definite period; If it is completed within the time limit, the case continues to be heard.
Complete examples:
- The case fee has not been paid (HMK article 120 - 2 weeks definite period)
- Failure to submit power of attorney
- If the court in charge is wrong, send it to the correct court with a decision of lack of jurisdiction
2) Incomplete Incompleteness
In case of incomplete deficiencies such as lack of jurisdiction, lack of party capacity, pendency, final judgment, the case is rejected. This rejection has nothing to do with the merits; The plaintiff may reopen his case after the deficiency is eliminated (e.g. after the pending case is concluded).
3) Special Situation in Compulsory Mediation
In cases filed without mandatory mediation, the court dismisses the case directly; It does not give time for completion (Law No. 7036, Art. 3/2). For this reason, in business, commercial, consumer or real estate disputes, the plaintiff must consult a mediator before filing a lawsuit. For detailed information, see our Mediation page.
Preliminary Examination Stage (HMK art.137-142)
HMK has envisaged a preliminary examination stage after the petitions stage. At this stage the judge:
A preliminary examination report is prepared and signed by the parties.
Lack of Case Conditions — After Rejection of the Case
The rejection of the case due to the absence of a lawsuit requirement is a decision based on procedure, not on merits. The plaintiff mayre-openhis case after the deficiency is completed; A final judgment does not arise.
However, statute of limitations and limitation periods are important. In accordance with HMK Article 158, in the reopening of a case that has been rejected due to lack of a lawsuit requirement, if the new lawsuit is filed within 2 weeks so that the plaintiff does not lose his right to file a lawsuit, it will be deemed to have been filed on the date of filing of the first lawsuit.
Legal Benefit Condition
According to HMK article 114/1-h, the person filing the lawsuit must have legal interest. This concept covers three elements:
- Concrete benefit: There must be a concrete legal result that can be obtained at the end of the case
- Current benefit:The benefit must be present at the time the lawsuit is filed (there is a lack of benefit for discussions about the past)
- Personal benefit:The benefit must belong to the applicant (popular lawsuit ban)