Capacity to sue in civil procedural law

Capacity to sue is the ability of the party to pursue an action (as a plaintiff or a defendant) and to carry out procedural proceedings. It is the legal qualification should have to conduct legal proceedings in the case. Capacity to sue (Prozessfähigkeit) is determineted by the Turkish Civil Procudure Law N. 6100 in Article 51. According to the judiciary, the capacity for sue is determined by the capacity to use civil rights. Hereunder a representative must file a case on behalf of the person who has no legal capacity. The existence of cause of actions are sought in order to start examination of base of legal relationship in the case. According to the Turkish Civil Procedure Law N. 6100 in Article 114/1-d, capacity to sue is counted as one of the cause of actions in Turkish Law. As a rule, It must exist from the beginnig of the case until the end of the case. In this study, not only the characteristic of being a condition of case of the competency to capacity to sue, but also its various aspects in civil procedural law and its relation with other institutions in this field will be examined. Especially, the comparison between the capacity to sue and other procedural concepts that should not be confused and used interchangeably with capacity, will be examined within the scope of both theoretical explanations and concrete examples. In addition it will be to compare the current regulations in Turkey to German Law and Swiss Law. Within this framework, general information about capacity to sue will be given in the first chapter of the study. In the second chapter will be about the capacity to sue for natural person and the same concept for legal entities. The last chapter will emphasize the analysis of capacity to sue and consequences of the lack of capacity. Keywords: Capacity to Sue, Capacity to Act, Cause of Action, Real Persons, Legal Entities.