Limits of the Right to Sue: Who Can Sue? — Legal Guide (2026)

In the legal system, the right to sue (actio right) refers to the authority of individuals or legal entities to bring their legal disputes before the courts. This right the Code of Civil Procedure (HMK) and related special laws. However, in practice, the issues of who possesses the right to sue, under what conditions it can be exercised, and in what situations it is limited frequently create confusion for parties and legal professionals. This article will discuss in detail the limitations of the right to sue, legal capacity to sue, representation, power of attorney, legal entities, persons with limited legal capacity, and the conditions for filing a lawsuit.

1. The Legal Basis of the Right to Sue

1.1. General Concept

The right to file a lawsuit is the authority of a person to apply to the courts in order to protect their legal interests or obtain their rights. In the Code of Civil Procedure, this right is regulated particularly articles 2-6 and determines the capacity of the parties to file a lawsuit.

The basic principles are as follows:

• Burden of proof: Every claim comes with a burden of evidence.

• Procedural compliance: The lawsuit petition must comply with the provisions of the Code of Civil Procedure in terms of form and attachments.

• Legal interest requirement: The person filing the lawsuit must obtain a legal benefit if their claim is accepted.

1.2. Right to Sue and Legal Interest

• Legal interest means that the plaintiff's benefit directly increases with the acceptance of the lawsuit

• Example: An eviction lawsuit against a tenant provides a legal benefit in terms of protecting the landlord's rights.

• According to legal regulations, lawsuits filed without a legal interest are dismissed (Code of Civil Procedure, Article 108).

2. Who Can File a Lawsuit? — An Examination from the Perspective of the Parties

2.1. Natural Persons

Natural persons possess the capacity to conduct legal transactions and file lawsuits from birth. However, there are also cases of limited capacity :

• Adults: They have full legal capacity and can file lawsuits in their own name.

• Minors: They can file lawsuits through their legal representative. For example, property lawsuits involving a child under 18 are filed by their parents or guardian.

• Individuals with limited legal capacity: Those who, due to court orders or legal regulations, may not be able to perform certain actions on their own; for example, persons under guardianship.

2.2. Legal Entities

• Legal entitiesmay exercise rights recognized by law or their articles of association.

• Examples: Associations, foundations, companies

• Legal entities file lawsuits through their representatives. This power of representation is exercised by the board of directors or an authorized person.

• Important: A legal entity cannot file lawsuits outside its jurisdiction; otherwise, the lawsuit will be dismissed on procedural grounds.

2.3. Public Legal Entities

Government agencies and municipalities may or may not file lawsuits, according to specific laws.

• For example, municipalities can file lawsuits in the relevant administrative court.

• The authority of state institutions to file lawsuits is limited only to situations defined by law.

3. Limitations on the Right to Sue

3.1. Limitations on License and Representation

• Minors and those with limited legal capacity may file a lawsuit with the permission of their legal representative or the court.

• Legal entities cannot file lawsuits except through their authorized representatives.

• A lawsuit filed by a person without the authority to represent the plaintiff may be deemed invalid (Code of Civil Procedure, Article 34).

3.2. Legal Interest Requirement

• The person filing the lawsuit must directly benefit from the outcome of the lawsuit.

• Lawsuits filed without a legal basis be dismissed or withdrawn.

Example: Company A cannot sue Company B for a claim that is not in its best interest; its right to sue is limited.

3.3. Time Limits and Statute of Limitations

• The right to file a lawsuit is limited to specific time periods (preclusive and limitation periods).

• Example: The time limit for filing a lawsuit for employee wage claims is 5 years from the date of the last employment.

• The party that misses the deadline loses the right to file a lawsuit .

3.4. Subject Boundaries

• The law stipulates that certain lawsuits can only be filed by specific individuals .

• Example: In criminal cases, no one can file a lawsuit except the victim or the public prosecutor.

• In specific laws, the right to file a lawsuit may be restricted; for example, in consumer lawsuits, the right to file a lawsuit in favor of the consumer cannot be exercised by the seller or third parties.

4. Persons with Limited Legal Capacity and Filing a Lawsuit

4.1. Minors

• A parent or legal representative is required to file a lawsuit .

• A lawsuit filed independently by a minor an unrepresented lawsuit by the court and may be dismissed.

4.2. Those Under Guardianship

• It may be subject to special permission by court order.

• For example, a person under guardianship needs the guardian's approval to file inheritance or property lawsuits

4.3. Persons with Limited Legal Capacity or Restricted Capacity

• The Code of Civil Procedure and the Civil Code restrict the right of those under guardianship to file lawsuits

• Some transactions require court permission; for example, a lawsuit for the sale or lease of real estate.

5. The Right to Sue for Legal Entities

5.1. Associations and Foundations

• They can file a lawsuit based on the bylaws or articles of association.

• The purpose must serve the interests of the legal entity ; lawsuits cannot be filed for personal gain.

5.2. Companies

• In commercial lawsuits, the board of directors or the authorized manager can file the lawsuit.

• Lawsuits filed by persons with limited authority are considered invalid.

5.3. Public Legal Entities

• It is limited to areas specified in special laws.

• Example: A municipality can file a lawsuit in administrative court; however, it cannot file a private lawsuit against a citizen.

6. Restrictions and Exceptions to the Right to Sue

6.1. Legal Restrictions

• Criminal cases: Only the victim or the prosecutor can file a lawsuit.

• Administrative lawsuits: Specific individuals have jurisdiction.

• Consumer lawsuits: These are filed in favor of the consumer; third parties cannot file lawsuits.

6.2. Restriction by Court Order

• Some individuals may be temporarily barred from filing a lawsuit by a court order.

• Example: In lawsuits filed by individuals lacking legal capacity, the court may dismiss the case on procedural grounds.

6.3. Statute of Limitations and Forfeiture Periods

• The right to file a lawsuit may be restricted by time limits.

• Examples: Wage receivables, 5 years; rent receivables, 10 years, etc.

7. Right to Sue and Representation

7.1. Power of Attorney

• The parties can file a lawsuit through a lawyer.

• The power of attorney must be drawn up in accordance with the Code of Civil Procedure.

• A lawyer doesn't just file a lawsuit; all legal procedures .

7.2. Legal Representation

• Legal representation is required for minors and those with limited legal capacity.

• For legal entities, the power of representation is granted by the articles of association or a board resolution.

8. The Practical Importance of the Right to Sue

• The right to sue of the rule of law .

• It is a fundamental element for the parties to exercise their rights and for justice to be served.

• However, the limited and controlled useprevents abuse of power.

Examples:

1. Individuals cannot file lawsuits that are not in their best interest; otherwise, the lawsuit will be dismissed on procedural grounds.

2. Legal entities will lose or have their cases deemed invalid.

9. Case Law Analyses

9.1. Supreme Court Decisions

• The Supreme Court frequently emphasizes that the right to file a lawsuit is limited by legal interest and jurisdiction

• Example: A inheritance case filed independently by a minor by the court as an unrepresented case .

• In legal entities, lawsuits filed by persons other than the authorized representative were dismissed on procedural grounds.

9.2. Implementation Trends

• Courts strictly regulate the right to sue based on criteria of legal interest and standing

• This approach prevent unfair or malicious lawsuits .

10. Practical Tips

1. Check the legal capacity of the party filing the lawsuit.

2. Is there a legal interest? Determine whether the case will result in a favorable outcome for the party.

3. Calculate the limitation periods and forfeiture periods.

4. Provide full power of attorney and representation authorities.

5. For legal entities, verify the signature and decision of the authorized representative.

6. Review specific laws and restrictions.

11. Conclusion

The right to sue is a fundamental right in the Turkish legal system for ensuring justice. However, this right is clearly defined in terms of who can sue , under what conditions , and under what circumstances it is limited

• Natural persons: Adults and persons with limited legal capacity may file a lawsuit through their legal representative.

• Legal entities: They can only file lawsuits through an authorized representative.

• Public institutions: Limited by legal authority.

• Limitations: Legal interest, time limit, subject matter limitation, power of representation.

Therefore, carefully examining the parties' standing, legal interest, and representation status before filing a lawsuit prevents potential procedural errors and the dismissal of the case.