Will my lawsuit be dismissed if I use the wrong statutory article or term while filing the lawsuit?

No, according to the decision of the Court of Cassation, the judge is obligated to determine the legal nature of the lawsuit ex officio (on their own motion).

In a lawsuit I lost, do I pay the opposing party's attorney a power of attorney fee higher than the money I sued for?

No, as a rule, the ruled power of attorney fee cannot exceed the dismissed amount of the lawsuit.

Does this decision change the outcome of the existing lawsuit?

Reversal decisions in the interest of the statute do not change the outcome between the parties to the lawsuit, but create a binding precedent for similar lawsuits.

COURT OF CASSATION RULING19 August 2026

The Error in the Petition Will Not Cause Your Lawsuit to Drop

Official titleDecision Belonging to the 3rd Civil Chamber of the Court of Cassation (Yargıtay)

The Court of Cassation (Yargıtay) reversed the local court's decision in the interest of the statute, stating that naming the lawsuit as 'restitution' shall not bind the court, and that the dispute ought to be evaluated within the scope of 'unjust enrichment' and examined on the merits.

Details of the Regulation

The decision concerns a lawsuit filed by a tenant with the demand for the return of excess rent amounts paid to the landlord under economic pressure and threat of eviction. Polatlı 2nd Civil Court of Peace decided on the dismissal of the lawsuit on the reasoning that it did not carry the conditions of a 'restitution lawsuit' (payment under threat of compulsory enforcement, etc.) within the scope of the Enforcement and Bankruptcy Code (İİK). However, upon the application of the Ministry of Justice, the 3rd Civil Chamber of the Court of Cassation examined the file.

Referring to Article 33 of the Code of Civil Procedure (HMK), the Court of Cassation emphasized that the duty to make the legal characterization of the lawsuit belongs not to the parties, but to the judge personally. Although the plaintiff used the term 'restitution' in their petition, it was ruled that the court must treat this demand as a 'lawsuit for receivables based on unjust enrichment' within the framework of general provisions and enter into the merits of the lawsuit to evaluate the evidence.

Furthermore, in the decision, it was stated that in the event of the dismissal of the lawsuit, the power of attorney fee ruled in favor of the defendant being higher (18,000 TL) than the sued amount (9,822 TL) is contrary to the Attorneys' Minimum Fee Schedule and procedural law. On these reasonings, the decision of the local court was reversed in the interest of the statute, without being effective on the outcome.

REGAS Commentary

This decision is an important precedent for citizens that eliminates the concern of 'error in legal name'. Misnaming a lawsuit in the petition (for example, saying restitution instead of unjust enrichment) is not a reason for the direct dismissal of the lawsuit; the judge is obligated to find the correct legal definition. Furthermore, the rule that the attorney fee to be paid to the opposing party in small-amount lawsuits cannot exceed the amount of the lawsuit has been confirmed once again.

Questions You Might Have

Will my lawsuit be dismissed if I use the wrong statutory article or term while filing the lawsuit?: No, according to the decision of the Court of Cassation, the judge is obligated to determine the legal nature of the lawsuit ex officio (on their own motion).
In a lawsuit I lost, do I pay the opposing party's attorney a power of attorney fee higher than the money I sued for?: No, as a rule, the ruled power of attorney fee cannot exceed the dismissed amount of the lawsuit.
Does this decision change the outcome of the existing lawsuit?: Reversal decisions in the interest of the statute do not change the outcome between the parties to the lawsuit, but create a binding precedent for similar lawsuits.

Key Terms

İstirdat Davası: A lawsuit filed for the return of a payment made unlawfully or by error.
Kanun Yararına Temyiz: An extraordinary legal remedy applied by the Ministry of Justice or the Chief Public Prosecutor's Office for the correction of legal errors in judgments that have become final and closed to the path of appeal on points of law.
Hukuki Tavsif: The process of determination by the judge as to which rule of law or type of lawsuit a dispute falls under.
Sebepsiz Zenginleşme: The increase of a person's property assets at the expense of another's detriment, without a justified reason.

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REGAS analyzed all 26 items in the Official Gazette of 19 August 2026; we published only 1 of them here.

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