Pursuant to the regulation of Article 71 of the Code of Civil Procedure, everyone who possesses the capacity to sue may file and follow their lawsuit personally or through an attorney they have appointed. According to the regulation of the following Article 72, the provisions of the Code of Obligations regarding representation shall apply to the representation in a lawsuit, without prejudice to special provisions.
There are certain rights such that, in order to pursue these rights through a lawsuit, the power of attorney to be granted to the representative must contain special authorization regarding these rights. This means that, in addition to the standard requirements of a power of attorney, the content of the power of attorney to be granted to the representative must be equipped with the special authorization given by the represented party in order to exercise these rights requiring special authorization. In cases requiring special authorization, the representative cannot perform the following actions without being granted special authority. These are:
May not settle ,
May not challenge the judge,
May not amend the lawsuit in its entirety ,
May not propose an oath,
May not accept, return, or reject an oath,
May not delegate another person (tevkil – the representative appointing another representative),
May not lift an attachment,
May not request the bankruptcy of the client,
May not conclude arbitration or arbitrator agreements,
May not propose or consent to a concordat or the restructuring of capital companies and cooperatives through reconciliation,
May not apply to Alternative Dispute Resolution (ADR) methods,
May not waive the lawsuit or legal remedies ,
May not release the adverse party or accept the lawsuit,
May not apply for the renewal of the trial
May not file a compensation lawsuit against the State for the acts of judges,
May not file and follow lawsuits related to strictly personal rights unless it is specified which ones authorization has been granted for (Divorce, name change, rejection of inheritance, etc.).
These are listed exhaustively (numerus clausus) in the law. As stated in the article of the law, the representative must be explicitly authorized in the matters listed above. The listed cases constitute a condition of the lawsuit. The course of action in the event of a deficiency in one of the conditions of the lawsuit is specified in Article 115 of the Code of Civil Procedure. If a lack of special authorization in the power of attorney is detected, this must be accepted as a remediable condition of the lawsuit. Pursuant to Article 115/2 of the CCP, if the Court detects a deficiency in the conditions of the lawsuit, it shall decide to dismiss the case on procedural grounds. However, if the deficiency in question is remediable, the Court shall grant a peremptory period for the rectification of the deficiency. If the deficiency is not rectified within the peremptory period, the Court shall decide to dismiss the lawsuit due to the absence of the condition of the lawsuit.