05 Feb What Are The Terms Of The Case?
In order for the court to examine and settle a case on the merits, all of the necessary conditions for its existence or absence are called the terms of the case.
A case opened without a lawsuit is a pending case. Because the provisions and results of the case are opened at the moment. Therefore, the case is not a necessary condition for the opening of the case, but it is the conditions required for the judge to enter the merits of the dispute.
The conditions of the case can be made in the form of a positive and negative case. For example, the court’s mandate is positive, and there is no definitive provision on the same case.
General case conditions have been arranged in HMK 114. So the conditions that should be in every case. In each case there is a special case conditions sought in some cases not sought. The conditions of special cases must also be based on the law. According to HMK m.114, the case conditions are as follows;
ARTICLE 114- (1) The circumstances of the case are:
a) Turkish courts have jurisdiction.
b) justification of the judiciary.
c) The court is in charge.
d) Where the authority is certain, the court is authorized to be found.
(d) the parties shall have the competence of party and cause; where there is legal representation, the representative has the necessary qualifications.
e) To have the authority to pursue litigation.
f) In cases followed by a proxy, the proxy has the power of attorney in the case and a duly authorized power of attorney.
g) the advance payment of the plaintiff has to be deposited.
ğ) The fulfillment of the decision to show the collateral.
h) The claimant has a legal benefit in opening a case.
(i) The same case has not been opened and still seen before.
i) The same case has not been previously established.
(2) Provisions of the laws of other laws are reserved.