The court is obliged to investigate spontaneously at all stages of the case whether the terms of the case exist.
The parties can also always assert the lack of a claim requirement. (H.M.m. 115/1) in the case of the plaintiff-the defendant against the woman’s to mental illness have been proposed, and this claim with evidence, according to whether a portion between the file has been verified by the court, the work to be done; of the Turkish Civil Code 405. and 56/1 of the Code of Civil Procedure. in accordance with the articles 462/8 of the Turkish Civil Code, it is necessary to investigate whether the plaintiff-counter-defendant woman should be placed under guardianship and this issue should be considered a preliminary problem, if necessary. it consists in taking action in accordance with the article and waiting for the trial until its conclusion.
It is against the procedure and the law to continue to judge without considering this aspect and to make a decision on the merits of the work.
In an example case:
since the plaintiff-Dec-defendant woman’s mental illness has been asserted and this claim has also been confirmed by some evidence between the files, the work to be done by the court consists of investigating whether the plaintiff-counter-defendant woman should be placed under guardianship and considering this issue to be a preliminary problem and waiting for the trial until the conclusion.
