Standing And Capacity To Be Sued Is A Condition Of Litigation

27 Apr Standing And Capacity To Be Sued Is A Condition Of Litigation

The parties, parties and the case license to have the conditions of the case (HMK m. 114/1-d) which relates to public order.

The court is obliged to investigate spontaneously at every stage of the case whether the circumstances of the case exist.

The parties may also assert the lack of a case requirement at any time. (HMK m. 115/1) according to the case, the mental illness of the plaintiff-Counter-Defendant woman has been asserted and this claim has been confirmed with some evidence between the files, the work to be done by the court; 405 of the Turkish Civil Code. and 56/1 of the Code of Civil Procedure. in accordance with the articles 462/8 of the Turkish Civil Code, the investigation of whether the claimant-Counter-Defendant woman should be placed under guardianship and this matter should be considered a preliminary issue. it consists of taking action in accordance with the article and holding the proceedings until its conclusion.

It is against the law and procedure to decide on the merits of the work by continuing to judge without considering this aspect.

In an exemplary case:

since the mental illness of the plaintiff-Counter-Defendant woman has been suggested and this claim has been confirmed with some evidence between the files, the work to be done by the court consists of investigating whether the plaintiff-Counter-Defendant woman should be placed under guardianship and treating this matter as a preliminary issue and holding the trial until its conclusion.