Master'sOpen Access

Legal interest in declaratory action in civil procedure

2020
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Advisor: Doç. Dr. Mert Namlı

Abstract (EN)

The declaratory action, which is one of the types of cases according to the legal protection requested from the court, has been regulated in Article 106 of Civil Procedure Law. In the relevant provision, the existence of current legal interest that worth legal protection is sought in the plaintiff's filing a declaratory action, and the plaintiff was asked to show the legal interest evidently. Legal interest in declaratory action in civil procedure our headline of thesis. In this thesis has three main sections. First, legal interest, which is one of the cause action according to article 114 of the Civil Procedure Law, was briefly mentioned in this study. Then, general information was given about declaratory action. Next, the concept of legal interest in the light of Article 106 of the Civil Procedure Law was explained, and the purpose of regulating the concept of legal interest under Article 106 was investigated. In this study, the decisions of the supreme court were used and the view in practice was analyzed. Last, the concept of legal interest in the types of specially- arranged declaratory action was examined and it was discussed whether the plaintiff should prove that he/she has a legal interest in filing a declaratory action. Keywords: cause of action, legal interest, declaratory action, negative declaratory action, positive declaratory action, declaratory action of service, declaratory action of authorship, declaratory action of unfair competiton

Author

Dr. Merve Usta

How to Cite

Merve Usta (Master Thesis). Legal interest in declaratory action in civil procedure, 2020, İstanbul University.

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