As the Solmaz Law and Consultancy team, our priority is to resolve the legal issues our clients face without resorting to litigation whenever possible. Legal proceedings can be exhausting, costly, and stressful for the parties involved. To help our clients avoid the time and financial losses associated with litigation, we evaluate alternative dispute resolution methods and resolve problems using the most suitable approach.
However, in some cases, initiating a lawsuit or responding to a lawsuit may be the most secure and inevitable path to protecting your rights. Winning a lawsuit depends on proper initiation, an accurate defense, and diligent follow-up throughout the process. Procedural rules in Turkish law are quite formal and strict. Adhering to deadlines, submitting objections and petitions on time, responding to evidence in due course, and filing appeals within statutory periods are critical to avoid loss of rights. Procedural errors that are irreversible or cannot be remedied may lead to losing a case that could have otherwise been easily won. In litigation, what matters is not only being right but also demonstrating that right properly, timely, and with the correct legal tools.
With this awareness, our team closely and attentively monitors the litigation processes of our clients. We keep you informed of your case's progress with regular updates and reports. With our extensive litigation experience, we provide high-quality and practical legal support at every stage of the lawsuit, whether you are a plaintiff or a defendant. Below are some of the litigation and dispute resolution services we provide:
- Mediation services, including mediation in labor and commercial disputes
- Filing lawsuits, preparing petitions of claim
- Preparing defenses and responses
- Making preliminary objections
- Jurisdiction objections, arbitration objections, statute of limitation objections
- Raising defenses such as statute of limitations, non-payment, or requiring prior recourse to guarantor or pledge
- Preliminary examination stage
- Collecting evidence, submitting evidence within the proper time frame, submitting additional evidence via acknowledgment within the scope of prohibition on expanding claims
- Amendment of the claim, submission of evidence with amendment, modifying or increasing claims
- Requesting expert reports, objecting to expert reports
- Submitting an oath or responding to an oath
- Objecting to the signature on a promissory note, filing an action for forgery
- Obtaining expert opinions
- Filing appeals against first-instance court decisions, including regional court of appeals and cassation (Supreme Court)
- Finalizing decisions and initiating enforcement proceedings
- Carrying out specific enforcement law procedures such as objections, complaints, restitution of enforcement, suspension of enforcement
JURISDICTIONAL DISPUTES
1 – JURISDICTIONAL COMPETENCE DISPUTES Jurisdictional rules determine which court has authority over a specific type of case. Court jurisdictions are established by law. Since these rules are part of public order, judges are obligated to examine jurisdiction on their own initiative at any stage of the proceedings. The only exception to this rule is when the civil court of general jurisdiction handles the case in the absence of a specialized commercial court, in which case a ruling of lack of jurisdiction is not necessary. The parties cannot enter into jurisdictional agreements.
According to Article 2 of the Code of Civil Procedure (HMK): "Unless otherwise regulated, courts of general jurisdiction shall have authority over lawsuits related to property rights and personal rights regardless of the value or amount of the claim."
Examples of cases heard by civil courts of general jurisdiction:
- Expropriation disputes that fall within the judicial courts' authority
- Petitions for statutory renunciation of inheritance
- Claims for pecuniary and non-pecuniary damages arising from tort
- Lawsuits for unjust enrichment or occupation compensation
- Disputes arising from brokerage contracts
- Lawsuits for annulment of transactions based on collusion
Examples of cases heard by peace courts:
- Disputes arising from lease agreements
- Actions for termination of joint ownership
- Disputes arising from condominium ownership
- Other lawsuits assigned to peace courts by law
- Disputes regarding inheritance certificates issued by notaries
Rulings of lack of jurisdiction are issued without a hearing and on the file. Upon request by one of the parties, the case file is transferred to the competent court.
2 – VENUE DISPUTES
Venue refers to the territorial jurisdiction of a court. Venue is determined according to specific rules for individuals and legal entities. Unless otherwise provided by special law, lawsuits must be filed in courts within the relevant geographical jurisdiction. Venue is assessed based on the rules in effect at the time of filing. Changes in residence or business addresses do not affect venue.
Venue rules differ for persons residing in Turkey and those abroad. If a special law designates a specific court, then that court must be used. For instance, special venue rules apply in cases arising from contracts, inheritance, or immovable property.
Parties may agree on a venue through a jurisdiction clause. However, this is only valid when both parties are merchants or public legal entities.
DEADLINES, JUDICIAL HOLIDAYS, AND RESTORATION OF RIGHTS Certain legal actions must be taken within prescribed time limits, and specific consequences follow if these are missed. Time limits are regulated by law for both parties and courts. Deadlines such as for responses, appeals, or objections are strict for the parties, and missing them can lead to loss of rights.
For courts, the failure to observe statutory time limits may result in disciplinary consequences. Time limits are calculated based on delivery via official notice, service, or electronic notification, with the presumption of receipt five days after dispatch.
Judicial holidays: Courts generally do not handle cases during the judicial recess. However, Article 103 of the Code of Civil Procedure outlines exceptions. During the judicial recess, courts may still hear urgent matters, such as:
- Injunctive relief, attachment orders, and collection of evidence
- Family law cases (alimony, custody, guardianship)
- Employment disputes
- Loss or annulment of commercial books and negotiable instruments
- Bankruptcy, concordat, and restructuring of corporations
- Site inspections scheduled during recess
- Arbitration-related matters under court jurisdiction
- Non-contentious jurisdiction matters
- Urgent matters or those expedited by mutual agreement
Clerical tasks such as accepting petitions, issuing decisions, and forwarding case files may continue during judicial recess. On-duty courts handle matters during this period.
RESTORATION OF RIGHTS (In Case of Missed Deadlines) Failure to act within a legal time limit can result in loss of rights. However, if the delay was caused by reasons beyond the person's control (e.g., illness, accident, natural disasters, extended travel), an application for restoration of rights may be submitted.
According to Articles 96 and following of the HMK, restoration requests must be filed within two weeks from the elimination of the obstacle. In first-instance or appellate proceedings, this must be done before the final decision is issued. If a party was absent and missed the deadline during investigation, the request may still be made after the decision.
TYPES OF LAWSUITS Lawsuits may be categorized by their legal nature or by common usage. The most common types include:
- Performance Actions (Eda Davası): As per Article 105 HMK, these involve a demand for an act of giving, doing, or refraining. These include claims for delivery of property, eviction, payment of money, or registration of rights.
- Declaratory Actions (Tespit Davası): Regulated by Article 106 HMK, these seek a court determination on the existence or absence of a right, legal relationship, or the authenticity of a document. Common in ownership and document forgery cases.
- Unquantified Debt and Declaratory Actions: Article 107 HMK allows such lawsuits when it is not possible to determine the exact value of the claim at the time of filing. These are filed with a minimum value, with adjustments allowed later via amendment.
- Constitutive (Inşai) Actions: These seek the creation, alteration, or termination of a legal status. Divorce actions are the prime example.
LEGAL REMEDIES
1 – APPEAL (İSTİNAF)
According to Article 341 HMK, final decisions of first-instance courts are subject to appeal. Certain interim measures like acceptance or rejection of injunctions or attachment orders can also be appealed. Monetary thresholds for appeal are updated annually.
- Final decisions
- Rejection of injunction/attachment requests
- Claims under 3,000 TRY in monetary value are final (except moral damages)
- Deadlines: Two weeks from notification
The regional court conducts a preliminary review. If appropriate, the parties are invited to a hearing. The judge encourages settlement or mediation. In the absence of a hearing, the file is reviewed based on procedural or substantive defects.
The appellate court cannot accept counterclaims, new evidence, or new legal arguments that were not raised before the trial court. Venue agreements are also invalid at this level.
2 – CASSATION (TEMYİZ)
Cassation is the next step after appeal, and not all decisions can be appealed to the Supreme Court. Article 362 HMK outlines exceptions. For example:
- Claims under 40,000 TRY
- Non-contentious jurisdiction decisions
- Some family law and urgent protection orders
Cassation grounds include incorrect application of law, procedural errors, or failure to consider evidence. Special laws may set different timelines.
3 – APPEAL FOR THE BENEFIT OF THE LAW
This extraordinary remedy applies to finalized judgments not reviewed by the Court of Cassation. The Ministry of Justice or Chief Public Prosecutor may file it, or it may be requested by the affected party. It only confirms legal error without annulling the judgment.
4 – RETRIAL:
Retrial is an extraordinary legal remedy used against final decisions. Article 375 HMK lists the grounds, such as:
- Court was improperly constituted
- Participation of a judge who should have been disqualified
- Forgery of documents used in evidence
- Discovery of previously unavailable documents
- False testimony or expert opinion
Requests must be filed within 3 months from discovery and within one year of the final ruling. Retrial does not automatically suspend execution but may be stayed with a security deposit. Following review, the court may uphold, amend, or reverse the original judgment.
Originally published 18 April 2025
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
