Article 119 of the Code of Civil Procedure No. 6100 regulates the mandatory elements of a statement of claim. The legislator has specifically regulated in the text of the article the elements that can be completed after the statement of claim has been filed and the elements that must be included in the statement of claim when filing a lawsuit.
The text of the article stipulates:
a) The name of the court.
b) The names, surnames and addresses of the claimant and the defendant.
c) The claimant’s Turkish Republic identity number.
ç) If applicable, the names, surnames, and addresses of the parties’ legal representatives and the plaintiff’s attorney.
d) The subject matter of the lawsuit and, in lawsuits concerning property rights, the value of the subject matter.
e) Clear summaries of all facts supporting the plaintiff’s claim, numbered sequentially.
f) The evidence by which each alleged fact will be proven.
g) The legal grounds relied upon.
ğ) A clear statement of the relief sought.
h) The signature of the plaintiff, or if applicable, their legal representative or attorney, is listed under the heading of elements that must be included in the statement of claim.
If the parties to the case are natural persons, their names, surnames, and addresses must be stated in the statement of claim; if they are legal persons, the type, title, and address of the legal person must be stated. As the parties to the case are considered mandatory elements in terms of the case and the petition submitted, it is essential that the parties are duly notified in the petition to be submitted. If any omission in this notification is subsequently rectified and results in a change in the parties to the case, the provisions of Article 124 shall apply instead of those of Article 119, and the petition shall be submitted in accordance with the provisions of this article.
The legislator has determined that the Turkish Republic identity number of the person filing the lawsuit must be included in the petition as a mandatory element. If the plaintiff is a natural person and a citizen of the Republic of Turkey, their Turkish Republic identity number must be stated in the petition. If the plaintiff is a foreigner, their foreign identity number must be included in the petition.
A person wishing to file a lawsuit may apply in person or may file their lawsuit through a representative or attorney. In this case, the name, surname and address details of the legal representative or attorney must also be included in the petition. When the claimant files a lawsuit in person, through their legal representative or attorney, the petition must include the signature of the person filing the lawsuit or, if it is a legal entity, the signature of the person authorised to sign.
The person filing the lawsuit must clearly state the outcome they wish to achieve with this lawsuit in the petition. If this element is not clearly stated or expressed in the petition, as seen in many precedent court decisions, the claimant will be given a one-week deadline, and if the deficiency is not remedied within this period, the case will be deemed not to have been filed. In this case, it is essential for the claimant to clearly state the outcome they wish to achieve by filing the case in order for the case to be heard.
The claimant must clearly state the following in the text of the article the names, surnames, and addresses of the claimant and the defendant, the plaintiff’s Turkish Republic identity number, and, if applicable, the names, surnames, and addresses of the parties’ legal representatives and the plaintiff’s attorney, the Court will grant the plaintiff a one-week definitive period due to the lack of mandatory elements required in the petition. If the deficiency is not remedied within this period, the Court will decide that the case has not been filed. This period cannot be determined by the Court as being shorter or longer than that provided for by law.
Similarly, if the signature of the claimant, their legal representative or attorney, if any, is not included in the petition, the same result will occur. If any or several of the elements listed in this section are missing and this deficiency is not remedied within the given period, the case will be deemed not to have been filed without even being examined on its merits.
Any deficiency in the elements that must be included in the petition for the trial to be conducted between the parties or in non-contentious cases will prevent the trial from proceeding properly. In this case, the petition, which initiates the trial and is the most important argument throughout the trial, must be carefully prepared and comply with the conditions required by the legislator.