On Commencement of the Lawsuit in Turkey – Davanın Açılması Hakkında (HMK)

Merhaba sevgili okuyucularımız

Bu yazımızda sizlere Hukuk Muhakemeleri Kanunu 118 inci ve devamında yer alan “Davanın Açılması” konulu maddelerin Hukuk İngilizcesi çerçevesinde yapılan tercümesinden oluşturduğumuz bir diyalog hazırladık. Hukukçularımız, Türkiye’de bir hukuk davasının nasıl açılacağını tartışacaklar. Yazımızın sonunda kapsamlı bir kelime listesi ve 15 soruluk konu test çalışması da yer almaktadır.

Keyifli çalışmalar …

DIALOGUE

Lawyer John: Good day, Ms Deniz. I’m interested in learning how to commence a lawsuit in Turkey, and I’ve come across the text you’ve shared. Can you help me understand the process as outlined in these legal articles?

Lawyer Deniz: Of course, Mr John. I’d be happy to explain the process for commencing a lawsuit in Turkey, as per the provisions outlined in these articles.

Lawyer John: Excellent. Let’s start with Article 118, which mentions the commencement of the lawsuit. Could you explain what it means when it says the lawsuit is initiated upon the registration of the lawsuit petition?

Lawyer Deniz: Certainly. When it says the lawsuit is initiated upon registration, it means that the legal proceedings formally begin on the date the lawsuit petition is received and registered by the court. This is an important moment as it sets the timeline for the entire legal process.

Lawyer John: Understood. The article also mentions attaching as many copies as there are defendants to the lawsuit petition. Can you elaborate on that?

Lawyer Deniz: Certainly. This means that for each defendant named in the lawsuit, you must include a copy of the lawsuit petition along with the original. So, if you’re suing multiple parties, you’d need to provide a copy for each of them.

Lawyer John: That’s clear. Now, moving on to Article 119, it outlines the content of the lawsuit petition. Could you break down the key particulars that must be included?

Lawyer Deniz: Certainly. In the lawsuit petition, you need to include:

a) The name of the court.

b) The names, surnames, and addresses of both the plaintiff and the defendant.

c) The Turkish Republic identity number of the plaintiff.

ç) The names, surnames, and addresses of the legal representatives of the parties and the plaintiff’s attorney, if any.

d) If it’s relevant to the case, you should state the value of the subject matter of the lawsuit.

e) Clear summaries of all facts underlying the plaintiff’s claim, numbered in order.

f) The evidence that supports each alleged fact.

g) The legal reasons you’re relying upon.

ğ) A clear statement of the desired claim result.

h) Finally, it must be signed by the plaintiff, their legal representative, or attorney, if applicable.

Lawyer John: That’s quite detailed. What happens if some of these particulars are missing from the lawsuit petition?

Lawyer Deniz: If any of the particulars listed in the first paragraph, like (a), (d), (e), (f), and (g), are missing, the judge will grant the plaintiff one week to rectify the deficiency. If it’s not fixed within that period, the lawsuit will be considered as not initiated.

Lawyer John: I see. Now, Article 120 mentions the payment of fees and advance expenses. Could you explain that?

Lawyer Deniz: Certainly. When you file a lawsuit, you are required to deposit the amount specified in the tariff of litigation fees and the advance expenses set by the Ministry of Justice into the court treasury. This is a mandatory payment at the outset. If it turns out during the trial that this advance is insufficient, the court will give you a two-week period to make up the difference.

Lawyer John: Understood. Lastly, Article 121 mentions the submission of documents. Can you clarify what needs to be submitted to the court along with the lawsuit petition?

Lawyer Deniz: When you have original documents relevant to your case, you must submit these to the court, along with a corresponding number of copies for each defendant, without incurring fees and taxes. Alternatively, you can choose to submit only copies, but the petition should also contain an explanation of where the original documents can be obtained.

Lawyer John: Thank you for explaining these processes, Ms Deniz. It’s been very informative and helpful.

Lawyer Deniz: You’re welcome, Mr John. If you have any more questions or need further clarification on any legal matter, don’t hesitate to reach out. Always remember to consult with a qualified attorney for specific legal advice, as these procedures can be quite intricate and may vary in different jurisdictions.

VOCABULARY LIST

Commencement of the Lawsuit – Dava Açılması
Lawsuit petition – Dava dilekçesi
Registration of the lawsuit petition – Dava dilekçesinin kaydı
Defendant – Davalı
Plaintiff – Davacı
Legal representatives – Kanuni temsilciler
Attorney – Avukat
Subject matter of the lawsuit – Dava konusu
Property rights – Mülkiyet hakları
Value of the subject matter of the lawsuit – Dava konusu değer
Clear summaries of facts – Net olay özetleri
Alleged facts – İddia edilen olaylar
Legal reasons – Hukuki nedenler
Claim result – Talep sonucu
Signature – İmza
Deficiency – Eksiklik
Litigation fees – Harçlar, Dava masrafları
Advance expenses – Avans masraflar
Ministry of Justice – Adalet Bakanlığı
Tariff of litigation fees – Harçlar tarifesi
Submission of documents – Belgelerin sunulması
Service of the lawsuit petition – Dava dilekçesinin tebliği
Court treasury – Mahkeme veznesi
Legal proceedings – Hukuki işlemler
Legal advice – Hukuki tavsiye
Provisions – Hükümler
Jurisdiction – Yargı yetkisi
Intricate – Karmaşık
Incur – Yüklemek
Consult – Danışmak
Rectify – Düzeltmek

Please note that while these translations are provided for reference, it’s important to consult with legal professionals or experts for specific legal matters in Turkey, as legal terminology can have nuances and differences in various jurisdictions.

TEST

Here’s a multiple-choice test based on the provided dialogue with 15 questions. The correct answers will be provided after the test:

Question 1: What is the formal process that initiates a lawsuit in Turkey called?

A) Legal Process
B) Commencement of Proceedings
C) Commencement of the Lawsuit
D) Legal Commencement

Question 2: How is the date of initiation of a lawsuit determined?

A) Date of filing
B) Date of the first hearing
C) Date of registration of the lawsuit petition
D) Date of service to the defendant

Question 3: How many copies of the lawsuit petition must be attached to the original for each defendant?

A) One copy
B) Two copies
C) Three copies
D) The original only

Question 4: Which particulars should be included in the lawsuit petition according to Article 119?

A) Names of the court
B) Names of the plaintiff and defendant
C) Names of the judge
D) Names of the witnesses

Question 5: What is the significance of providing the Turkish Republic identity number of the plaintiff?

A) It proves the plaintiff’s nationality.
B) It helps in identifying the plaintiff.
C) It is legally required for all plaintiffs.
D) It has no specific significance.

Question 6: If a lawsuit petition is missing key particulars, what happens according to Article 119?

A) The court proceeds with the lawsuit.
B) The plaintiff is granted a one-week period to rectify the deficiency.
C) The lawsuit is immediately dismissed.
D) The defendant is responsible for providing the missing information.

Question 7: What is the “tariff of litigation fees”?

A) A list of court fees
B) A document attached to the lawsuit petition
C) The plaintiff’s attorney’s fee
D) A document only relevant to criminal cases

Question 8: When must the plaintiff deposit the litigation fees and advance expenses into the court treasury?

A) During the trial
B) When filing the lawsuit
C) After the judgment is passed
D) Only if requested by the defendant

Question 9: If the advance is found to be insufficient during the trial, what is the next step?

A) The defendant pays the difference.
B) The court dismisses the lawsuit.
C) The plaintiff is given a two-week period to complete the deficiency.
D) The case is referred to a higher court.

Question 10: What must be submitted to the court if you have original documents relevant to the case?

A) Only copies of the documents
B) The original documents
C) Explanatory statements about the documents
D) Both the originals and a corresponding number of copies

Question 11: What does “Service of the Lawsuit Petition” involve?

A) Filing the lawsuit petition with the court
B) Handing the lawsuit petition to the plaintiff
C) Serving the lawsuit petition to the defendant
D) Delivering a copy of the lawsuit petition to the judge

Question 12: What is the purpose of the service envelope mentioned in Article 122?

A) To hold the lawsuit petition documents
B) To provide a response to the lawsuit within two weeks
C) To notify the Ministry of Justice
D) To secure the plaintiff’s signature

Question 13: In Article 121, what does “without being subject to fees and taxes” mean?

A) The plaintiff must pay additional taxes.
B) The copies must be paid for separately.
C) There are no additional costs for submitting the documents.
D) The defendant must cover all fees and taxes.

Question 14: What is the key role of the judge in the process of commencing a lawsuit?

A) Registering the lawsuit petition
B) Granting a one-week period for rectifying deficiencies
C) Determining the value of the subject matter of the lawsuit
D) Serving the lawsuit petition to the defendant

Question 15: What should you do if you need legal advice about commencing a lawsuit in Turkey?

A) Consult a qualified attorney.
B) Contact the Ministry of Justice.
C) Proceed without legal advice.
D) Search online for legal procedures.