Akademik Veri Yönetim Sistemi
Medenî Usûl ve İcra - İflâs Hukuku Dergisi, cilt.17, sa.50, ss.789-812, 2021 (Hakemli Dergi)
The cases where the right to claim exists, however, the right to demand has not arisen yet; the circumstances where, even though an obligational relationship exists, the obligation expected to arise from this obligational relationship has not come into existence; the circumstances where the elements which are necessary for allowing a constructive right to be exercised have not been completed yet; the circumstances where the time period during which the right may be exercised has not begun yet, and other circumstances where the filing of a lawsuit is postponed by a special provision of law are the circumstances where the lawsuit is filed prematurely. Dismissal of the case due to the premature filing of the lawsuit is based on the provisions of substantive law. Under such circumstances, it is observed that legal doctrine and judicial precedents refer to the term of prerequisite for bringing a lawsuit to justify that the lawsuit can be filed again (when its time is due) without being subject to claim preclusion. In case the facts of the lawsuit, which has been filed prematurely, mature while it is pending, the lawsuit cannot be dismissed. In this context, the approach of “each lawsuit is decided according to the circumstances under which it is filed” is not appropriate.