Devoid of essence of legal dispute in civil proceedings

While a dispute subject to litigation usually terminates with a decision of court, but it may also end with a extrajudicial event that occurs during the proceedings. In this way, either the desired result of the lawsuit has been achieved or it is no longer possible to achieve it and has become unnecessary to rule on the claim. In praxis is often faced this situation, which is called as devoid of essence, however it needs to be explained as theoretically due to the narrow scope of Art. 331/1 of Turkish Civil Procedure Code. Considering that the extrajudicial events are very diverse anda these events may have different effects according to the types of cases, the necessary conditions for a case to be devoid of essence should be established to be applicable to all types of lawsuits. Even if these conditions occur and the case becomes devoid of essence, the resulting situation does not directly lead to the termination of the pending case. A procedural action by one of the parties is required to bring the events and their effects to the attention of the court and to have them procedurally finalized by the court. If the court concludes that the dispute between the parties has ended and the case has become devoid of essence, it terminates the trial with a decision of no need to adjudicate. This termination of the proceedings in this manner does not preclude the court from making a decision about litigation costs. The court may order one of the parties to pay the costs of the litigation, depending on the merits of the parties at the time the case was filed.