Capacity to beconme a Party in Civil Procedural law

ABSTRACT Capacity to become party, is a condition that the party demanding legal protection or against whom such a legal protection Is requested, should fulfill in a case. Judgement with regard to the merits of the right for which legal protection is demanded, cannot be carried out unless this condition is fulfilled. Therefore, as a condition for a case, capacity to become party, constitutes the limit of the right to access to justice. In addition to this, capacity to become party must be present not only before proceeding to the merits, but also during all stages, from the completion of judgement until the time when it becomes res judicata, including the legal review stage. This is because the consequences of the procedural transactions that the parties will engage In for the purposes of affecting the judgement, depend on their capacity to become a party. Those who possess this capacity are determined by the legal order, according to the preference of the legal policy. This situation is observed especially in cases where associations of property or people are to become party to a case. The preference of the legal order to grant the capacity to become party, will not only lead to the determination of the party to the case, but will also give an answer to the question regarding whose property the judgement shall be enforced on. Gaining capacity to become a party by real and legal persons Is significant for determining at which point they can be the subject of procedural legal relations. Also, when the capacity to become a party comes to an end while judgement continues, significant results that need to be handled along with civil law arise. On the other hand, termination of legal personality, its liquidation and cancellation from the registry, are significant from the point of view of the capacity to become a party. In this study, not only the characteristic of being a condition of case of the competency to become a party, but also Its various aspects in civil procedure law and its relation with other institutions in this field will be examined. Especially, the comparison between the capacity to become party and other procedural concepts that should not be confused and used Interchangeably with capacity, has been examined within the scope of both theoretical explanations and concrete examples. Within this framework, general Information about capacity to become a party will be given In the first chapter of the study. In the second chapter, the capacity to become party for real persons and in the third chapter, the same concept for legal persons and associations which do not enjoy legal personality will be evaluated. The last chapter will emphasize the analysis of capacity to become a party and consequences of the lack of capacity. VI