What does "Derdest" mean?

What Does "Derdest" Mean? | Legal Information | Lawyer in Izmir | Izmir Law Firm | Izmir Law Offices | Efes Law Firm

A concept you'll frequently encounter in legal terminology is "“detained“"So, what does that mean? What does it mean for a case to be pending?"

According to the Turkish Language Association, what does "Derdest" mean?

Persian

1. name, archaic Capture, arrest, seizure.

2. adjective, law The visible

Within the scope of our legislation

In legal contexts, the term "pending case" means that a case is still pending, or in other words, ongoing. A case remains pending until a final judgment is rendered. In other words, a case being pending means that a final judgment has not yet been given.  

What does it mean for a case to be pending?

The fact that the case file is pending means that the case was previously opened and is still being heard.

How long does a case file remain pending?

The pendency status continues until the case file is closed; and it will also continue for a period of 3 months from the date the case file is removed from the docket for any reason. Although this time limit is of a forfeiture nature, these provisions automatically cease to exist upon the mere occurrence of the conditions requiring the lawsuit to be deemed not filed, and the lawsuit is no longer pending.

Relevant Legal Regulations within the Scope of the Code of Civil Procedure

According to the Code of Civil Procedure No. 6100, one of the prerequisites for filing a lawsuit is that the same lawsuit has not been filed before and is not currently pending; this concept can also be summarized as the lawsuit not being pending. In short, it can be expressed as a prerequisite for filing a lawsuit.

Article 114 - (1) The conditions for filing a lawsuit are as follows: ...i) The same lawsuit must not have been previously filed and be pending.

Article 115- (1) The court shall investigate, on its own initiative, whether the conditions for filing a lawsuit exist at any stage of the proceedings. The parties may also raise the issue of lack of conditions for filing a lawsuit at any time. (2) If the court determines that a prerequisite for filing a lawsuit is lacking, it will dismiss the case on procedural grounds. However, if it is possible to remedy the deficiency of the procedural requirement, the court shall give a definite period for its completion. If the deficiency of the procedural requirement is not remedied within this period, the court shall dismiss the case procedurally due to the lack of a procedural requirement. (3) If the deficiency of the procedural requirement was not noticed by the court before the merits of the case were examined, was not raised by the parties, but was remedied at the time of the judgment, the case cannot be dismissed procedurally due to the initial deficiency of the procedural requirement.

Case law

The defendant, within the deadline for submitting a response, raised an objection of pendency, stating that the same case had been filed and was ongoing in Ankara 6th Consumer Court under case number 2005/2368. A case being pendency means that it is currently being heard. A pendency case cannot be reopened. According to Articles 187/4 and 194 of the Code of Civil Procedure, the conditions for raising an objection of pendency are as follows.

1. The same case being filed twice, 2. The first case is still pending, 3. The first and second cases being the same case.,

In this specific case, it is clear that the lawsuit, stemming from the same legal grounds and involving the same parties, is being heard in two different courts. The first case is pending. It is evident that the parties, subject matter, and cause of action are the same in both the case filed in our court and the case filed in the 6th Consumer Court, and that the defendant has not yet filed their case within the prescribed time limit. Since it has been determined that an objection of pendency has been raised, it is necessary to decide that the case should be considered as not having been filed, taking into account Article 194 of the Code of Civil Procedure.

Ankara 4th Consumer Court, Case No: 2005/2395, Decision No: 2006/473

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