What Are The Special Requirements For The Power Of Attorney To Be Given To The Attorney? - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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What Are The Special Requirements For The Power Of Attorney To Be Given To The Attorney?

26 Jan What Are The Special Requirements For The Power Of Attorney To Be Given To The Attorney?

Posted at 18:32h in General by
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According to Article 71 of the Law on Civil Procedure, anyone who has a license to file a lawsuit may open and pursue his case through himself or through the proxy appointed by him. In accordance with Article 72, the provisions of the Code of Obligations shall be applied to the case and the court without prejudice to the special provisions.

There are some rights that the rights of the power of attorney to be tracked through litigation shall be subject to special powers for these rights. This means that the content of the power of attorney to be given to the proxy in order to be able to use the rights that require a special power of authorization should be provided with the special authorization given by the representation. Without special authorization, the attorney cannot perform the following procedures. These are;

It can’t be a peace,
He cannot deny the judge,
Can’t correct the whole case,
I can’t offer an oath,
Cannot accept, return or refuse his / her oath,
He cannot refuse another person (proxy appointing another agent)
Can’t remove the pilgrimage,
She can’t ask for her bankruptcy,
Arbitration and arbitrator can not make the agreement,
Shall not propose and consent to reconciliation of concordant or capital companies and cooperatives through consensus;
Not apply to alternative dispute resolution (AlternativeDiputeResolution / ADR),
No waiver of law or remedies,
The other party cannot accept the offense and trial,
The extradition cannot be returned,
They cannot sue against the state against the acts of judges,
Unless it is announced that they have been granted authorization, they cannot open and follow up cases related to the person’s rights (divorce, name change, refusal of inheritance, etc.).
in the form of the law is limited. As stated in the article of the Law, the proxy must be explicitly authorized in the above-mentioned matters. The cases are a case. How to act if one of the circumstances of the case is incomplete is set out in Article 115 of the Code of Civil Procedure. In case of lack of special competence in the proxy, this situation should be accepted as a possible case condition. According to Article 115/2 of the Supreme Administrative Court, the Court shall decide the case to be rejected if the case determines the deficiency. However, if it is possible to remedy the deficiency in question, the Court shall give a definite period to eliminate the deficiency. In the event that the deficiency is not resolved within a certain period of time, the case shall be rejected due to the absence of the case.

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