Reconvention in the Law of Civil Procedure

Ourmain subject in this thesis is establishing a reconvention in frame of Law of Civil Procedure. Our study covers law verdicts, current applications, new draft laws and Supreme Court Decisions. When persons right are undertaken or violated this persons possibility about protecting his right is named as cause of action right, and persons personal request of being protected from a specific adversary by the jurisdiction is named as lawsuit (claim). General lawsuit conditions can be mentioned as follows: Judicial power, judicial remedy, attendance of both sides, party competence, lawsuit competence, valid attorneyship and definitive judgment. At the time when the lawsuit is started, in every stage of the adjudication the lawsuit is analyzing its conditions by itself. When a Defendant is opening a lawsuit at the same court to the same descent Claimant mentioned in the file, than it is called reconvention lawsuit. The conditions of the Reconvention case must be the main as the first case, must be subjected to the same case jurisdiction procedure as the main case and there must be in affiliation between the main and reconvention case. The objection upon the reconvention case must be shown as the first objection. In the secondary intervention of the reconvention, as in the first intervention third persons out of the case are involved, here the conditions are a bit different. Both of the cases will be held in the same court. According to the clause No: 5 of HUMK, if the volume and value of the reconvention case is more than the main case, then the value of the reconvention case will be taken as basis. As it states in the 14th clause of HUMK the court that is taking over the main court is authorized for the reconvention case. The reconvention case can be opened against the main defendant of the main case. Therefore this both cases will be overtaken by the same court. The evidences will be evaluated together. The reconvention case is self contained case of the main case. The court will give different decisions in the same verdict. The court must decide separately about the main case and reconvention case jurisdiction expenses, jurisdiction taxes and attorneyship costs. In my opinion with the legalization of the new law the reconvention administration will gain operability.Keys words1. Lawsuit2. Reconvention Case3. Conditions4. Star over5. Verdict