{"id":6361,"date":"2021-09-07T09:00:00","date_gmt":"2021-09-07T06:00:00","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=6361"},"modified":"2021-09-08T09:21:15","modified_gmt":"2021-09-08T06:21:15","slug":"davanin-ihbari-nedir","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/davanin-ihbari-nedir\/","title":{"rendered":"What is a lawsuit notification?"},"content":{"rendered":"
\"Davan\u0131n<\/figure><\/div>\n\n\n\n

What is a Notice of Lawsuit? | Izmir Lawyer<\/span><\/strong><\/p>\n\n\n\n

What is a lawsuit notification?<\/h2>\n\n\n\n
\"\"<\/figure>
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notice<\/span><\/strong><\/p>\n\n\n\n

(ihba:r\u0131), Arabic i\u1e2bb\u0101r<\/span><\/em><\/p>\n\n\n\n

1.\u00a0<\/strong>name\u00a0<\/em>Notification, announcement, giving notice.<\/span><\/p>\n\n\n\n

2.\u00a0<\/strong>name\u00a0<\/em>To secretly report or betray to the authorities someone one considers guilty or an event one considers criminal.<\/span><\/p>\n<\/div><\/div>\n\n\n\n

The word "notification," meaning announcement, is used in the context of the concept of a lawsuit, referring to the notification of the lawsuit to third parties who will have recourse against one of the parties in the event of an unfavorable outcome of the proceedings. Within the framework of our legal regulations, written notification of a lawsuit is a formal requirement. <\/p>\n\n\n\n

The third party to whom the lawsuit has been notified may notify other third parties who meet the same conditions. <\/p>\n\n\n\n

Notification of the Case Legal Regulations<\/h2>\n\n\n\n

The notification of a lawsuit is regulated in Article 61 and subsequent articles of the Code of Civil Procedure. To list the relevant articles:;<\/p>\n\n\n\n

Law No. 6100 on Civil Procedure
<\/span><\/a>Notice and conditions
Article 61<\/strong>– (1) Taraflardan biri davay\u0131 kaybetti\u011fi takdirde, \u00fc\u00e7\u00fcnc\u00fc ki\u015fiye veya \u00fc\u00e7\u00fcnc\u00fc ki\u015finin kendisine r\u00fccu edece\u011fini d\u00fc\u015f\u00fcn\u00fcyorsa, tahkikat sonu\u00e7lan\u0131ncaya kadar davay\u0131 \u00fc\u00e7\u00fcnc\u00fc ki\u015fiye ihbar edebilir. (2) Dava kendisine ihbar edilen ki\u015finin de ayn\u0131 \u015fartlarda bir ba\u015fkas\u0131na ihbarda bulunmas\u0131 m\u00fcmk\u00fcnd\u00fcr ve bu \u015fekilde ihbar tevali ettirilebilir.
Form of reporting
ARTICLE 62- <\/strong>(1) Notification must be made in writing; the reasons for the notification must be explained and the stage of the proceedings must be stated. (2) The trial cannot be postponed to another day due to notification of the case, and no extension of time can be granted except in cases where it is necessary, such as the continuation of the notification.
The situation of the person who was reported
Article 63<\/strong>– (1) Dava kendisine ihbar edilen ki\u015fi, davay\u0131 kazanmas\u0131nda hukuki yarar\u0131 olan taraf yan\u0131nda davaya kat\u0131labilir.<\/p>\n\n\n\n

Relevant Supreme Court Decisions<\/h2>\n\n\n\n

Supreme Court 17th Civil Chamber, Case No. 2016\/8492 E., Decision No. 2019\/6158 K.<\/strong><\/p>\n\n\n\n

According to Article 49 et seq. of the Code of Civil Procedure, a person who has been notified cannot acquire the status of defendant in the lawsuit, nor can a judgment be rendered against them. At the end of the trial, the judgment can only be given against those who are parties to the lawsuit. According to this rule, a party not shown as a defendant in the initial lawsuit petition cannot be included in the lawsuit after it has been filed by an additional petition, nor can a party be changed even through amendment, except for "mandatory joinder of parties." However, contrary to the provision of the same article, if a judgment has been rendered against the notified party, the notified party may appeal the part of the judgment relating to them in their own name. Accordingly, since there is no lawsuit formally filed and court fees paid by the plaintiff against Eskihisar Otomotiv San. ve Tic. A.\u015e., the notified party, it is not a party to the lawsuit, and since the court did not render a judgment against it at the end of the trial, it has no legal interest in appealing the judgment. Therefore, it is necessary to decide to reject the appeal petition (request) of the representative of Eskihisar Otomotiv San. ve Tic. A.\u015e.<\/p>\n\n\n\n

Supreme Court of Appeals, 4th Civil Chamber, Case No. 2016\/8353, Decision No. 2017\/1304<\/strong><\/p>\n\n\n\n

01\/10\/2011 tarihinde y\u00fcr\u00fcrl\u00fc\u011fe giren 6100 Say\u0131l\u0131 HMK’n\u0131n 61<\/a> vd. maddelerinde “Davan\u0131n \u0130hbar\u0131 ve Davaya M\u00fcdahale” \u00fcst ba\u015fl\u0131\u011f\u0131 alt\u0131nda; davan\u0131n ihbar\u0131, asli m\u00fcdahale ve fer’i m\u00fcdahale kurumlar\u0131 d\u00fczenlenmi\u015ftir. Bu d\u00fczenleme uyar\u0131nca; dava ihbar olunan ger\u00e7ek veya t\u00fczel ki\u015fi, davada taraf s\u0131fat\u0131n\u0131 kazanamaz. Bir davada h\u00fck\u00fcm, davan\u0131n taraflar\u0131 aras\u0131nda kurulur. Bu sebeple h\u00fckm\u00fc temyiz etme (kanun yollar\u0131na ba\u015fvurma) hakk\u0131 davada taraf olan ki\u015filere aittir. Kural olarak kendisine dava ihbar olunan davaya kat\u0131lmad\u0131k\u00e7a (m\u00fcdahil olmad\u0131k\u00e7a) kanun yollar\u0131na ba\u015fvurma hakk\u0131 yoktur. Ancak, mahkemece usul ve yasaya ayk\u0131r\u0131 olarak taraf s\u0131fat\u0131n\u0131 almayan dava ihbar olunan ki\u015fi hakk\u0131nda h\u00fck\u00fcm kurulmu\u015fsa, ihbar olunan h\u00fckm\u00fcn kendisiyle ilgili b\u00f6l\u00fcm\u00fcn\u00fc temyiz edebilir.<\/p>\n\n\n\n

For legal advice on this matter, please contact our expert team. 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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