What are the Lifeguards Litigation prerequisites?
Contents
What are the litigation prerequisites?
The conditions of the case regarding the parties: “the presence of two parties in the case, the capacity of the party, the capacity to act, the power of attorney to the case and the valid power of attorney, the authority to pursue the case ”; The conditions of the lawsuit regarding the subject of the lawsuit are listed as “the absence of a definitive judgment and the presence of legal interest (interest).” litigation to be filed. In the lawsuits filed due to receivables, the first requested situation should be determined by the competent authorities. Depending on the determination provision, the outcome of the action lawsuit is determined.
What are the types of lawsuits in administrative jurisdiction?
There are three types of lawsuits in administrative jurisdiction. These are action for annulment, full remedy action and lawsuits arising from administrative contracts.
What are the favorable court conditions?
a) Existence of jurisdiction of Turkish courts. b) The legal remedy is permissible. c) Being in charge of the court. ç) In cases where the authority is certain, the court is authorized.
Is it possible to file a lawsuit for both determination and performance?
According to Article 106 of the Code of Civil Procedure, in cases where a lawsuit can be filed, a determination lawsuit can also be filed.
What is a determination case?
The determination case, which is regulated in Article 106 of the Code of Civil Procedure numbered 6100, is the determination of whether there is a right or a legal relationship or whether a document is fake or not.
Which lawsuits cannot be filed in administrative jurisdiction?
The declaration of will of the administration based on public power to bring about legal consequences is called administrative action. Administrative actions must be final and enforceable in order to be the subject of a lawsuit. An annulment action cannot be filed against reports, minutes, and notifications that are not of an executive nature.
Which cases cannot be brought before an administrative court?
Party License in the Administrative Court Administrative Judgment No. 2577 Pursuant to Article 2 of the Code of Procedure, only the relevant administrative institution can be sued in the administrative jurisdiction. According to this legal regulation, lawsuits cannot be brought against real persons and private law legal entities in administrative courts.
What are the differences between civil cases and criminal cases?Although the general definition of law covers Criminal and Administrative cases, when civil case is mentioned, it is meant cases other than Criminal and Administrative cases, independent from the general definition of law. Criminal cases are the cases where the subject constitutes a crime and where the state exercises its jurisdiction and the proceedings are carried out according to the Code of Criminal Procedure.
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