TÜRKIYE Law and Practice Contributed by: Faruk Aktay and Ayşe Müge Aktay, Aktay Law Firm
3.5 Rules of Service The lawsuit petition is served to the defendant by the court. It is indicated in the notification envelope that the defendant will respond to the lawsuit within two weeks under Article 122 of the CPC. Notifications are made to the addressee themselves if they are a natural person and to the person or persons authorised to represent the legal entity if they are a legal entity. Under Article 10 of the CPC on notification, noti- fication will be made to the last known address of the person to be notified. Notification is the responsibility of the court but may be requested by the plaintiff upon the plaintiff’s application and served by post. If the defendant is abroad, notification will be made in accordance with international treaties pursuant to Article 25 of the Notification Law. Türkiye is a party to the Hague Notification Convention and so the notification agreement between the parties is made accordingly. If the address of the defendant cannot be determined, notification will be made by announcement in accordance with Article 28 of the Notification Law. 3.6 Failure to Respond The defendant must file a reply within two weeks from the notification of the statement of claim. The court starts to examine the situation in the absence of a reply petition. A defendant who does not file a reply petition potentially faces expanded claims and defences during the liti- gation process. Even if the defendant does not appear before the court, the hearing takes place in their absence. However, due to the principle of due process, the defendant is obliged to be given the oppor- tunity to defend themselves. The defendant may
claims arising from a contract, the place of per- formance of the contract may have competence. Under Article 16 of the CPC, for claims arising from torts, the court of the place where the tor- tious act was committed or the place where the damage occurred has competence. Labour and insurance disputes are filed in the court where the work is performed or the insur- ance policy is issued. For consumer cases, the court of the consumer’s domicile is authorised. The parties may conclude a written jurisdic- tion agreement regarding the jurisdiction of the court. It should not be contrary to public order and mandatory provisions. If there is more than one defendant, it can be filed in the place of resi- dence of any of the defendants. For foreigners residing abroad, it is possible for the trial to be heard in Türkiye if a property is located in Türkiye or a tort or contract occurs in Türkiye. 3.4 Initial Complaint The first document that must be submitted in order to commence a lawsuit is the statement of claim. The plaintiff is obliged to deposit the amount to be determined in the advance on costs with the court cashier when filing a lawsuit. Subsequent amendments are possible, but this is subject to conditions. The statement of claim may be freely amended until the prelimi- nary examination hearing is completed. Amend- ments to be made after the preliminary examina- tion hearing are subject to the court’s discretion. Subsequently added claims cannot be added through amendment meaning a new litigation process must be initiated. If there is a defect in form, a period of time is given to remedy this defect.
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