About Class Action Law in Mersin, Turkey
The concept of class action, as recognised in many other countries, does not exist in Turkish law. Instead, Turkey has a form of collective litigation known as "group action", implemented within the Turkish Code of Civil Procedure in 2011. This procedure allows an association or foundation to file a lawsuit on behalf of its members or the group it represents when their rights are violated.
Why You May Need a Lawyer
Formulating a group action suit can be quite complex due to the specificities of Turkish law. The targeted party is often a large corporation with legal resources at its disposal. Therefore, it is advisable to have the support of a knowledgeable lawyer who can help you mount a case proficiently and assert your rights effectively. Also, a lawyer can represent your interests during negotiations or court proceedings.
Local Laws Overview
Under the Turkish Code of Civil Procedure, only certain types of organizations, such as official associations or foundations, can initiate a group action. The initiation of this action has a dual legal standing; the rights and interests of the group members and the organization are represented. The action must involve the interests of the majority of group members and its outcome will affect them all. The case should be related to the same legal incident.
Frequently Asked Questions
What is a group action lawsuit in Turkey?
This is a type of legal action taken by an association or foundation on behalf of its members when their collective rights have been infringed upon.
What kind of cases can be filed as a group action in Turkey?
Consumer disputes, environmental issues, and antitrust violations are among the most common subjects of group action lawsuits.
Who can initiate a group action lawsuit in Turkey?
Able to initiate group action are only certain entities such as associations and foundations. Individual citizens are not allowed to initiate such actions by themselves.
How is a group action lawsuit different from individual lawsuit?
In a group action lawsuit, the entity files the lawsuit on behalf of its members or the group it represents. So the outcome of the case affects all members. This is contrast to an individual lawsuit where the outcome affects only the litigants involved.
I am not a member of any entity. Can I still be part of a group action?
Typically, only the members of the group represented by the filing entity are protected by the group action, but the regulations may vary so it is advisable to consult a lawyer.
Additional resources
The Union of Turkish Bar Associations and local Mersin Bar Association can be ideal sources of information for understanding class action in Mersin, Turkey. Other organizations that can provide assistance include the Consumer Association and The Turkish Competition Authority.
Next Steps
If you decide you need legal assistance, find a proficient lawyer skilled in dealing with group action cases. They will be able to assess your situation, advice you on whether your case can be argued collectively as a group action, and help you navigate the legal processes involved.
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