Article 119 of the Code of Civil Procedure No. 6100 regulates the mandatory elements of the petition. The legislator has specially arranged the elements that are possible to be completed after the lawsuit petition is submitted in the text of the article, and the elements that must necessarily be included in the petition when the lawsuit is filed.
In the article text;
a) The name of the court.
b) The name, surname and addresses of the plaintiff and the defendant.
c) The identity number of the claimant of the Republic of Turkey.
ç) The name, surname and addresses of the legal representatives of the parties and the plaintiff’s attorney, if any.
d) The subject matter of the case and the value of the subject matter of the case in cases related to the rights of assets.
e) Clear summaries of all the cases that are the basis of the claimant’s claim under the sequence number.
f) What evidence will be used to prove each alleged case.
g) Based on legal reasons.
g) Clearly the result of the request.
h) The signature of the plaintiff’s legal representative or attorney, if any, is listed under the elements that must be present in the lawsuit petition.
If the parties to the case are natural persons, the name, surname and addresses of these persons; if it is a legal entity, the type, title and address of the legal entity should be indicated in the lawsuit petition. Parties to the case It is necessary to inform the parties in a proper manner in the petition to be submitted, considering it a mandatory element in terms of the lawsuit and the petition submitted. If the matter reported missing here will result in changing the parties of the case when it is completed later, it will be necessary to use the provisions of article 124, not the provisions of article 119, and submit a petition in accordance with the provisions of this article.
The legislator has determined that the Republic of Turkey identification number of the person who filed the lawsuit should be included in the petition as a mandatory element. If the plaintiff is a natural person and a citizen of the Republic of Turkey, the identification number of the Republic of Turkey must be indicated in the petition for the case. If the plaintiff is a foreigner, the foreign identification number must be provided in the petition.
A person who wants to file a lawsuit can apply personally by himself, or he can substitute his case through a representative or proxy. In this case, the name, surname and address information of the legal representative or deputy should also be included in the petition. When the plaintiff personally files a lawsuit through his legal representative or attorney, the presence of the signature of the person who substitutes the case in the petition, if this is a legal entity, the signature of the authorized person is among the mandatory elements. Dec.
The person who filed the lawsuit must have clearly stated in the lawsuit petition the result he wants to achieve with this lawsuit. If this element is incompletely reported and not clearly stated in the lawsuit petition, as can be seen from many precedent judicial decisions, the plaintiff will be given a one-week fixed period, and if the deficiency is not corrected within this period, it will be decided to consider the case as unopened. In this case, it is a mandatory element for the plaintiff to clearly declare the result that he wants to achieve by filing a lawsuit in order for the case to be heard.
If the plaintiff does not clearly inform the name, surname and addresses of the plaintiff and the defendant contained in the text of the article, the identification number of the plaintiff’s Republic of Turkey, the name, surname and addresses of the legal representatives of the parties and the plaintiff’s attorney, if any, in accordance with the procedure, the Court will give the plaintiff a fixed period of 1 week due to the lack of mandatory elements required to file a lawsuit, and if the deficiency is not corrected within this period, the case will be deemed not to have been opened. This period shall not be determined by the court as incomplete or excessive as stipulated in the law.
Again, the same result will occur if the signature of the plaintiff, his legal representative or attorney, if any, is not included in the petition. If any or several of the elements listed in this section are missing, if this deficiency is not completed despite the given time, it will result in the case being deemed not to have been opened without even a substantive examination.
The presence of deficiencies in the elements that should be included in the petition of the case in the proceedings to be held between the parties or in matters subject to Decisional jurisdiction without dispute will constitute an obstacle to the healthy functioning of the trial. In this case, the petition that initiates the trial and is the most important argument in the course of the trial throughout the trial should be arranged carefully and in accordance with the conditions sought by the legislator.
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