Evaluating Unseasonable (Untimely/Early) Litigation Within The Scope of Judicial Decisions


ISTANBUL HUKUK MECMUASI, no.4, 2023 (ESCI) identifier


Articles 105 through 113 of the Turkish Code of Civil Procedure (CCP) regulate the following types of actions: the action for performance (Article 105), action for determination (Article 106), action for an indefinite receivable (Article 107), constructive action (Article 108), partial action (Article 109), aggregation of actions (Article 110), tertiary action (Article 111), optional action (Article 112), and class action (Article 113). However, these regulations are not restrictive. A type of lawsuit is also found that is not explicitly mentioned in the law but which is referred to as an unseasonal (untimely/ early) lawsuit, particularly with respect to judicial decisions and partially with respect to doctrine. This type of lawsuit has come to the agenda again with recent judgments. While accepted by judicial decisions, this type of lawsuit is not defined regarding judicial decisions, and the conditions of this lawsuit are not explained. Based on the decisions the unseasonal action is understood in brief to be used for receivables or claims that are not yet at the stage of being able to be claimed pursuant to various laws. In terms of unseasonal actions, a problem arises especially when addressing the dismissal of the lawsuit. This issue has been discussed and brought to the agenda, especially as the subject of a recent Unification of Jurisprudence Decision dated February 18, 2022. This study will attempt to: specialIntscript define the concept of unseasonable lawsuit by taking into account the appearance of unseasonable lawsuit in judicial decisions, specialIntscript determine this type of lawsuit , its nature, specialIntscript examine the decision to be made in the presence of this lawsuit as well as the judicial expenses , specialIntscript evaluate the decisions in line with this.