What Is A Negative Declaration Case ? Who Can File A Negative Declaration Lawsuit And When?

What Is A Negative Declaration Case ? Who Can File A Negative Declaration Lawsuit And When?

WHAT IS A NEGATIVE DECLARATION LAWSUIT?
In terms of enforcement law, the subject of the negative declaration lawsuit is not any right or legal relationship, but only the determination that the money debt does not exist. The court in charge of the negative declaration case is the civil court of first instance / commercial court of first instance. The debtor may file a negative declaration case to prove that he/she does not owe money before or during the enforcement proceedings.

Who can file a negative declaration lawsuit and when?

Negative declaration lawsuits can be filed by persons who claim that they have debts, even if they are not subject to an enforcement proceeding, and from whom the existence and collection of this debt is requested. In this respect, the person who is alleged to be the debtor may file a negative declaration lawsuit against the person who is alleged to be the debtor, both before and after the initiation of the proceedings.

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