{"id":2141,"date":"2021-01-11T10:00:00","date_gmt":"2021-01-11T07:00:00","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=2141"},"modified":"2021-06-24T14:03:13","modified_gmt":"2021-06-24T11:03:13","slug":"derdest-ne-demek","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/derdest-ne-demek\/","title":{"rendered":"What does "Derdest" mean?"},"content":{"rendered":"
\"Derdest<\/figure><\/div>\n\n\n\n

Derdest Ne Demek | Hukuki Bilgi | \u0130zmir Avukat<\/strong> | Izmir Law Firm | Izmir Law Offices | Efes Law Firm <\/strong><\/p>\n\n\n\n

Hukuki lugat\u0131nda s\u0131k\u00e7a kar\u015f\u0131la\u015fabilecek oldu\u011funuz bir kavram “detained<\/em>“. Peki, ne anlama gelmektedir? Bir davan\u0131n derdest olmas\u0131 ne anlama gelir? <\/p>\n\n\n\n

T\u00fcrk Dil Kurumu’na G\u00f6re Derdest Ne Demektir?<\/span><\/h3>\n\n\n\n
\"Derdest<\/a><\/figure>
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Persian <\/em><\/p>\n\n\n\n

1. <\/strong>name, archaic <\/em>Capture, arrest, seizure.<\/p>\n\n\n\n

2. <\/strong>adjective, law <\/em>The visible
<\/p>\n<\/div><\/div>\n\n\n\n

Within the scope of our legislation<\/span><\/h3>\n\n\n\n

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.  <\/p>\n\n\n\n

What does it mean for a case to be pending?<\/span><\/h3>\n\n\n\n

The fact that the case file is pending means that the case was previously opened and is still being heard.<\/p>\n\n\n\n

How long does a case file remain pending?<\/span><\/h3>\n\n\n\n

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. <\/strong>Bu s\u00fcre hak d\u00fc\u015f\u00fcr\u00fcc\u00fc nitelikte olmakla birlikte bu h\u00fck\u00fcmler, davan\u0131n a\u00e7\u0131lmam\u0131\u015f say\u0131lmas\u0131n\u0131 gerektiren \u015fartlar\u0131n salt do\u011fumu ile kendili\u011finden ortadan kalkar ve dava derdest olmaktan \u00e7\u0131kar.<\/p>\n\n\n\n

Relevant Legal Regulations within the Scope of the Code of Civil Procedure<\/span><\/h3>\n\n\n\n

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.<\/p>\n\n\n\n

Article 114 - (1<\/strong>) Dava \u015fartlar\u0131 \u015funlard\u0131r: …\u0131) Ayn\u0131 davan\u0131n, daha \u00f6nceden a\u00e7\u0131lm\u0131\u015f ve h\u00e2len g\u00f6r\u00fclmekte olmamas\u0131. <\/strong><\/p>\n\n\n\n

Article<\/strong><\/strong> 115- (1) <\/strong>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. <\/strong>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.<\/p>\n\n\n\n

Case law<\/span><\/h3>\n\n\n\n

Daval\u0131 esas cevap s\u00fcresi i\u00e7erisinde; Ankara 6 T\u00fcketici Mahkemesinin 2005\/2368 esas say\u0131l\u0131 dosyas\u0131nda ayn\u0131 davan\u0131n a\u00e7\u0131ld\u0131\u011f\u0131n\u0131 ve davan\u0131n devam etti\u011fini belirterek derdestlik itiraz\u0131nda bulunmu\u015ftur. Bir davan\u0131n derdest olmas\u0131 demek, davan\u0131n g\u00f6r\u00fclmekte olmas\u0131d\u0131r. Derdest ( g\u00f6r\u00fclmekte) olan dava yeniden a\u00e7\u0131lmaz. HUMK’nun 187\/4 ve 194 maddelerine g\u00f6re derdestlik itiraz\u0131n\u0131n \u015fartlar\u0131 \u015funlard\u0131r.<\/span><\/p>

1. The same case being filed twice,<\/span> 2. The first case is still pending,<\/span> 3. The first and second cases being the same case.,<\/span><\/p>

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.<\/strong><\/span><\/p>Ankara 4th Consumer Court, Case No: 2005\/2395, Decision No: 2006\/473<\/strong><\/cite><\/blockquote>\n\n\n\n

For detailed information or questions you can visit Contact<\/span><\/a>page.<\/p>\n\n\n\n

You may also be interested in the following studies:;<\/p>\n\n\n\n

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