What happens if the address is incorrect?

If an address is present in the petition and that address cannot be reached, the court itself must conduct an inquiry through official records after this stage.

Why was the decision taken by majority vote rather than unanimously?

Some members argued that it is very easy for the court to use modern digital systems (MERNİS), and that imposing the burden of notifying the address on the citizen is an unnecessary obstacle.

CONSTITUTIONAL COURT RULINGS10 August 2026

Requirement of Address in the Lawsuit Petition

Official titleDecision of the Constitutional Court Dated 16/4/2026 and Numbered E: 2025/272, K: 2026/80

The Constitutional Court has decided that the rule requiring the indication of the defendant's address in the lawsuit petition and providing that the lawsuit shall be deemed not filed if this deficiency is not remedied is not contrary to the freedom to seek remedies (right to legal remedies).

Details of the Regulation

In the objection application made by the Kırşehir 2. Family Court, it was asserted that the phrase '...and their addresses' in Article 119 of the Code of Civil Procedure (HMK) No. 6100 is unconstitutional with respect to the defendant party. The main reasoning of the objection is the allegation that it is not always possible for the plaintiff to know the defendant's address and that imposing this obligation on the plaintiff when systems such as MERNİS exist disproportionately restricts the right of access to court.

In its examination, the Constitutional Court stated that the inclusion of the parties' addresses in the lawsuit petition serves a legitimate aim for the orderly, speedy, and effective conduct of the trial. The Court recalled that if service cannot be effected at the address initially notified by the plaintiff, the court already has an obligation to conduct an address inquiry ex officio. Therefore, it was emphasized that the rule reminds the plaintiff of their fundamental duty of care regarding the notification of the address.

In conclusion, stating that the regulation in question contributes to concluding the trial within a reasonable time and does not constitute an interference contrary to the requirements of a democratic social order and the principle of proportionality, the court rejected the request for annulment by majority vote. Four members expressed a dissenting opinion on the grounds that imposing this burden on the plaintiff when digital infrastructures such as MERNİS exist impairs the freedom to seek remedies.

REGAS Commentary

This decision constitutes a critical procedural warning for citizens who will file a lawsuit. If the defendant's address is not indicated in the petition at all, the judge grants you a peremptory term of one week. If you do not notify an address within this period, your lawsuit is directly 'deemed not filed' and all your efforts may be wasted. Even if you do not know the opposing party's address completely, writing at least their last known address or making an effort to identify it is essential for your legal security.

Questions You Might Have

If I do not know the defendant's address at all, will my lawsuit be dismissed?: Yes, the judge gives you one week; if you do not notify an address within this period, the lawsuit is deemed not filed.
What happens if the address is incorrect?: If an address is present in the petition and that address cannot be reached, the court itself must conduct an inquiry through official records after this stage.
Why was the decision taken by majority vote rather than unanimously?: Some members argued that it is very easy for the court to use modern digital systems (MERNİS), and that imposing the burden of notifying the address on the citizen is an unnecessary obstacle.

Key Terms

İtiraz Yolu (Somut Norm Denetimi): It is the process of bringing a statutory provision applied during the hearing of a lawsuit before the AYM on the conviction that it is contrary to the constitution.
Davanın Açılmamış Sayılması: The termination of the trial by deeming the lawsuit to have never legally commenced due to deficiencies in the lawsuit petition.
MERNİS: Central Civil Registration System; the electronic database in which the identity and address information of citizens of the Republic of Turkey are kept.

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