Having Party And Legal Standing Is A Condition For The Case
The parties’ capacity to sue and be sued is one of the conditions for bringing an action (HMK Art. 114/1-d), and this matter is related to public order.
The court is obligated to investigate ex officio whether the conditions for bringing an action are met at every stage of the proceedings.
The parties may also raise the issue of the absence of a condition for the lawsuit at any time (HMK Art. 115/1). In the lawsuit, the mental disorder of the plaintiff-counterclaimant woman was raised, and this claim was also confirmed by some evidence in the file. Therefore, the court must: to investigate whether the plaintiff-counterclaimant woman should be placed under guardianship in accordance with Article 405 of the Turkish Civil Code and Article 56/1 of the Code of Civil Procedure, to consider this a preliminary issue, to take action in accordance with Article 462/8 of the Turkish Civil Code if necessary, and to stay the proceedings until the outcome is determined.
Continuing the proceedings without considering this aspect and ruling on the merits of the case is contrary to procedure and law.
In an example case:
Since the plaintiff-counterclaimant woman’s mental disorder has been alleged and this claim has been corroborated by some evidence in the file, the court’s task is to investigate whether the plaintiff-counterclaimant woman should be placed under guardianship, to consider this issue as a preliminary matter, and to stay the proceedings until the outcome is determined.