The parties must have a party and a driver’s license in accordance with the terms of the case (HMK m. 114/1-d), and this issue is related to public order.
The court is obliged to investigate by itself at all stages of the case whether the terms of the case exist or not.
The parties can also always assert the lack of a claim requirement. (H.M.m. 115/1) According to the fact that the mental illness of the plaintiff-dec-defendant woman was asserted in the case and this claim was confirmed by some evidence between the files, the work to be done by the court is; 405 of the Turkish Civil Code. 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.
