TÜRKIYE Law and Practice Contributed by: Faruk Aktay, Ayşe Müge Aktay and İrina Gül Coşkun, Aktay Law Firm
3.4 Initial Complaint A civil action is initiated by filing a statement of claim ( dava dilekçesi ) that meets the formal requirements of Article 119 of the CPC. At the time of filing, the plain- tiff must also deposit the advance on costs with the court, pursuant to Article 120. The statement of claim may be supplemented or amended under certain conditions. Until the com- pletion of the preliminary examination hearing, the plaintiff may expand or modify the claim without the defendant’s consent. After this stage, substantive changes generally require either the opposing party’s consent or the use of the statutory amendment mech- anism ( ıslah ), which permits a one-time comprehen- sive amendment of the pleadings. If the statement of claim contains formal deficiencies, the court grants a definite period for their correction, failing which, the case may be dismissed procedurally. 3.5 Rules of Service In Türkiye, service of the statement of claim is carried out by the court in accordance with the Notification Law. The defendant is served with the lawsuit petition together with a notice requiring a response within two weeks under Article 127 of the CPC. Service is made to the addressee personally if a natural person, and to authorised representatives in the case of legal enti- ties. Where applicable, electronic service is effected pursuant to the Electronic Notification Law. Under Article 10 of the Notification Law, service is made to the recipient’s last known address; if this is unsuccessful, service is attempted at the address recorded in the population registry. Although service is generally the court’s responsibility, the plaintiff may request postal service through the official notification system. If the defendant is abroad, service is effected pursu- ant to Article 25 of the Notification Law and appli- cable international instruments. Türkiye is a party to the Hague Service Convention, under which service is transmitted through the designated central author- ity. Where the defendant’s address cannot be deter- mined, service may be made by public announcement in accordance with Article 28 of the Notification Law.
3.6 Failure to Respond If the defendant does not submit a reply within the two-week period following service of the statement of claim, the court proceeds based on the claimant’s allegations. Under Article 128 of the CPC, factual assertions that are not expressly contested may be treated as admitted, and the defendant may be pre- cluded from raising certain objections or defences later unless justified by good cause. The proceedings continue even if the defendant does not appear at the hearings, and the court renders its decision in absentia while respecting the defendant’s constitutional right to be heard. A defendant who has not responded or appeared may still challenge the judgment through the ordinary appellate routes within the statutory time limit following service of the rea- soned decision. 3.7 Representative or Collective Actions Turkish law does not recognise class actions in the common-law sense. However, collective actions are permitted in limited circumstances. Under Article 113 of the CPC, associations, unions and similar legal enti- ties may bring actions to protect the collective inter- ests of their members or of a specific group, although such actions may not seek individual monetary com- pensation. In the consumer field, authorised bodies under Con- sumer Law No 6502 – such as consumer associations and the Ministry of Trade – may file actions to stop or prevent practices that harm consumers collectively. Labour unions may likewise bring collective actions to safeguard collective labour rights. These mechanisms do not operate on an opt-in or opt-out basis, and no class certification procedure exists. Outside the specific areas authorised by stat- ute, collective actions are not available in the Turkish legal system. 3.8 Requirements for Cost Estimate Turkish law does not impose a formal statutory requirement to provide clients with a written cost esti- mate at the outset of litigation. However, under the Attorneyship Law and the Professional Rules of the Union of Turkish Bar Associations, lawyers are obliged
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