The concept of procedural requirement

The acceptance of a case by the court depends not only on the requirements stipulated by the substantive law, but also on the requirements stipulated by the procedural law. If the existence of the requirements stipulated by the procedural law cannot be determined, it is not possible to examine whether the requirements stipulated by the substantive law have been fulfilled. Some of these procedural requirements are examined ex officio by the court. In this case, the concept of procedural requirement is mentioned. The concept of procedural requirement causes serious problems due to these two characteristics. In this study, firstly, the theoretical justification of the preliminary examination, which means the existence condition of the concept of procedural requirement, has been made. Then, the purpose of the legal institutions that are explicitly considered as a condition of action in the Turkish Code of Civil Procedure is examined and whether they comply with the theoretical justification is analyzed. In the last section, it will be explained how the concept of procedural requirement will be examined by the court and makes determinations on its relationship with the right to fair trial, whether it is numerus clausus and the time of examination.