TÜRKIYE Law and Practice Contributed by: Faruk Aktay and Ayşe Müge Aktay, Aktay Law Firm
exercise its discretion as to whether or not to accept the application. 4.3 Dispositive Motions Requests for savings made before the hearing takes place are made to facilitate case progres- sion. A precautionary injunction may be applied for in situations that will make it significantly dif- ficult or completely impossible to obtain the right with a change that may occur as specified in Article 389 of the CPC, or that will be inconven- ient to delay or that are thought to cause serious harm. The precautionary attachment specified in the Enforcement and Bankruptcy Law may also make this request on the debtor’s assets if there is a situation that causes the creditor’s receiv- able to be at risk. The request for dismissal of the case on the merits can also be counted among these requests. If the parties are not ready for the hearing, they may request a postponement. Certain issues may be requested to be resolved at the preliminary examination stage so that pre-litigation issues can be resolved and tem- porary legal protection requests can be made. They may apply to the court for the determina- tion of material facts. It is possible to resort to this method in cases where evidence is lost. An objection of lack of jurisdiction can be made for the court where the lawsuit is filed. These objec- tions are in the nature of a first objection and must be made at the same time as notification of the petition. 4.4 Requirements for Interested Parties to Join a Lawsuit A party that is not named as a plaintiff or defend- ant in the lawsuit may participate in the lawsuit under certain conditions. Third parties may participate in the lawsuit in order to protect the
interests of one of the parties in the lawsuit. They may intervene to assist a party if they will be affected by the outcome of the case. In the case of a party not named as a plaintiff or defendant joining the lawsuit, it is not a party to the lawsuit but may request to participate in the lawsuit and claim rights for itself. 4.5 Applications for Security for Defendant’s Costs The obligation to deposit collateral is specified in Article 84 of the CPC. The obligation to deposit collateral arises when a Turkish citizen who does not have a habitual residence in Türkiye: • files a lawsuit; • participates in the lawsuit as an intervener or pursues the lawsuit alongside the plaintiff; and • certifies that the plaintiff is in insolvency due to reasons such as the existence of a certifi- cate of incapacity to pay debts, the existence of concordat or restructuring proceedings for conciliation purposes, the existence of a certificate of insolvency, etc. The obligation to deposit collateral during the trial of the lawsuit arises if this obligation exists for all plaintiffs. To initiate this process, the defendant must sub- mit a written application containing their request to the court. In assessing the request, the court considers whether the conditions in Article 84 of the CPC are present. If the court deems it nec- essary for the defendant to deposit a security, it sets a deadline and the case may be dismissed if the security is not deposited.
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