Alternative lawsuit in civil procedure law

The types of cases were organized in parallel with the doctrine mentioned in the articles between 105th and 114th of the Civil Procedure Code, which came into force on 1 October 2011. The alternative lawsuit, which is the subject of our study and is regulated by Article 112 of the Law, is defined as the lawsuit filed by the creditor, who has the right to opt for the type of repayment in alternative obligation relations, if the creditor or third party refrains from using this right. As can be understood from the amendment in the law, the alternative lawsuit deals with the optional debt repayment matters, which is regulated under the title of debt fulfillment and features of fulfillment types in the law of obligations. In order to better understand the alternative lawsuit and distinguish it from similar types of lawsuits, the concepts related to alternative lawsuit, such as alternative obligation, shall be examined in the first part of our study. The legal nature, subject and conditions of this concept as well as the debates in the doctrine and the decisions of the Supreme Court shall be covered. In the second part, the relationship of the alternative lawsuit with similar types of cases and the judicial process shall be addressed. In the final section, the verdict given by courts on alternative lawsuit, enforcement and legal ways to oppose the verdict in the context of the general provisions of the law will be covered. In the conclusion part of our study, recommendations shall be made on encouraging recourse to right of alternative obligation and resolution of problems. Keywords: alternative, right, debt, lawsuit, verdict