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LAW OF CIVIL PROCEDURE
291
Joinder of Actions (CPC art. 110)
5
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Att. Fatih Işık
Introduction
Even the claims, cause of actions, of a claimant party are, in general,
intended to seek a sole result to enforce, it is also possible to seek relief
through several claims intended to pursue more than one redress. By
means of such course of action, the claims are consolidated. The joinder
of the claims exists in case there are more than one claims alleged in a
cumulative manner.
The joinder of actions was being exercised even during the period of
Civil Procedure Code numbered 1086, despite the fact that the institution
had not been explicitly regulated. It has been exercised in accordance
with art. 3 of the Civil Procedure Code stating that the competence of the
courts to decide in particular controversy shall be determined according
to total amounts of the claims that are subject matter of the actions, in
case several relieves are sought with a single action. Therefore, it was
possible to allege several claims in one sole action. The Civil Procedure
Code numbered 6100 (“CPC”) which entered into force on 01.10.2011
has explicitly regulated the institution in art. 110 entitled as “Joinder of
Actions”. The article is as follows:
“The claimant may allege several primary independent claims
against the same defendant on the same petition for action. This
is possible only if all the alleged claims are considered within the
same type of court, which have jurisdiction over the venue for
each claims. ”
In case of joinder of actions, there is several accrued cause of actions
to seek remedy with one sole action. It is possible that the court may
accept all of the claims or to dismiss all of them; or may decide to accept
one of the claims and dismiss the others. Accordingly, there are several
results that the claimant intends to reach.
The purpose of the joinder of actions is to realize the economy
in procedural transactions during a lawsuit and to thwart the risk of
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Article of December 2011