TY  - JOUR
TT  - Decleration of Devoid of Essence Before the Pendence According to theCivil Law Procedure Reform Act
AU  - Elzer, Oliver
AU  - Çev.:, Akil Cenk
PY  - 2012
DA  - September
DO  - 10.1501/Hukfak_0000001685
JF  - Ankara Üniversitesi Hukuk Fakültesi Dergisi
JO  - AÜHFD
PB  - Ankara Üniversitesi
WT  - DergiPark
SN  - 1301-1308
SP  - 1173
EP  - 1184
VL  - 61
IS  - 3
KW  - Medeni usul hukuku
KW  - davanın konusuz kalması
KW  - yargılama masrafları
KW  - tespit davası
KW  - hukuki yarar
N2  - According to the new text of the third sentence of the Article 269 clause 3 of the German Code of Civil Procedure that can not be assumed as incisive and which was altered with the Statue About Making a Reform On the German Code of Civil Procedure dated 27.07.2001; if the ground of an action disappears before the case bcomes pendent and hereon the case is withdrawn, the matter of which party will bear the court expenses is settled according to equity by taking the state of the case thitherto into consideration. Owing to this rule, in case the event which causes the case become groundless occurs after the plaintiff brings the case before the court but before the notification of the petition to the defendant (pendency), it is controversial that if the plantiff can declare the devoid of esence unilaterally and can demand the determination of this by the court or not. The mentioned regulation has also prevented the plaintiff from withdrawing his / her case advantegeously as regards the court expenses. This rule has a quality which will cause problems in practice
UR  - https://doi.org/10.1501/Hukfak_0000001685
L1  - https://dergipark.org.tr/tr/download/article-file/623977
ER  -