The elective action

An elective action is one of the types of actions expressly regulated in the Code of Civil Procedure No. 6100. This action is regulated in Article 112 of the CCP in three paragraphs. Based on this regulation, an elective lawsuit may be defined as a lawsuit that may be filed by the creditor in the event that the debtor or third party who has the right of choice refrains from exercising his/her right of choice in an elective debt relationship. The optional lawsuit derives its source from the optional debt relationship that meets certain conditions. The optional obligation is included in Article 87 of the Turkish Code of Obligations. Therefore, it is clear that the optional action corresponds to one of the most concrete examples of the connection between procedural law and substantive law. For this reason, in the first part of our study, the concepts of optional obligation and the right to choose accordingly, and other concepts that are similar to these concepts will be analysed. The fact that the first part is devoted to these issues is to determine how certain regulations, which can be easily applied in terms of ordinary debt relations, will be handled in the optional debt and to make a preliminary preparation for a better understanding of the optional case. In fact, the main purpose of our study is to examine the optional action from the filing of the lawsuit to the finalisation of the judgement to be rendered as a result of the lawsuit, and to identify the substantive and procedural law problems that may be in question within this scope and to clarify them as much as possible. Therefore, in the second part of our study, the theoretical framework of the optional action will be put forward and finally, the optional action will be defined and the conditions of the action and the consequences of the violation of these conditions will be discussed. In the third and final part of our study, the trial procedure and its consequences in the optional case will be discussed and analysed.