Negative Declaratory Action

A negative declaratory judgment lawsuit is a type of lawsuit filed when a person makes statements that are harmful to themselves or another person. These lawsuits may be filed for reasons such as damaging a person's reputation, violating their personal rights, or negatively affecting their daily life. When these lawsuits are examined by the judge, the decision is based not on whether the statements in question are true or false, but on whether these statements have harmed the person's reputation or life. A negative declaratory judgment lawsuit is a type of lawsuit filed to correct false, untrue, or defamatory statements made about a person. In this lawsuit, a person who believes that false statements were made with the intention of defamation, injustice, or causing harm files a lawsuit to correct the false statements made about them. Negative declaratory judgment lawsuits are regulated in the Enforcement and Bankruptcy Law; according to the relevant article, a debtor may choose to file a negative declaratory judgment lawsuit before or during enforcement proceedings to prove that they are not indebted.

Execution proceedings are a process initiated by a creditor for a debt not paid by a debtor. The creditor chooses one of the methods of execution proceedings and files a lawsuit against the debtor to collect the unpaid debt amount. These actions are taken to recover the unpaid debt amount. A negative declaratory judgment lawsuit in execution law is a type of lawsuit where an individual or organization believes their rights have been violated and seeks the restoration of those rights and compensation. These types of lawsuits are usually filed when a debtor claims that a creditor's rights have been violated. For example, if a person owes money to a bank and the bank has seized their savings, that person can file a negative declaratory judgment lawsuit in execution law to demand the return of the seized savings and compensation.

Conditions for a Negative Declaratory Action:

1. The event must have an identifiable negative cause: In order to determine the damage resulting from the event, the causes of the event must be identified.
2. The damage resulting from the event must be ascertainable: For the damage resulting from the event to be ascertainable, the damage must be material or moral.
3. Compensability for damages resulting from an event: For damages to be compensable, the cause and extent of the damage must be known.
4. Determining the location and time of the event: In order to determine the location and time of the event, the time and place of the event must be identified.
5. The plaintiff must have been significantly affected by the damage resulting from the incident: For the plaintiff to be considered to have been significantly affected by the damage resulting from the incident, the damage must have substantially impacted the plaintiff.

In a negative declaratory judgment lawsuit, one party (the defendant) bears the burden of proving that the negative statements made about the other party (the plaintiff) are untrue. To prove this, the defendant must present evidence demonstrating that the statements are false. This evidence may include examples showing that the negative characteristics mentioned by the defendant do not actually exist, evidence showing that the events mentioned by the defendant did not actually occur, and evidence demonstrating that the information provided by the defendant is inaccurate. Furthermore, evidence may be presented to prove that the plaintiff has suffered harm as a result of the negative statements. The sum of this evidence plays a significant role in winning the negative declaratory judgment lawsuit.

For this lawsuit to be filed, the plaintiff must have a legal interest in doing so. Legal interest refers to the benefit a person or organization will obtain as a result of a legal transaction. In a negative declaratory action, the legal interest aims to protect the plaintiff's legal interest by negatively determining that the defendant's action would harm the plaintiff if the event in question were to occur. In this case, the plaintiff's legal interest can be achieved either by preventing the defendant's action from occurring or by obligating the defendant to properly fulfill their obligation to perform the action.

Would mandatory mediation be a requirement when filing a negative declaratory judgment lawsuit?

Mandatory mediation is encountered in labor, commercial, and consumer cases. A negative declaratory judgment lawsuit is also a commercial case. As a rule, mediation is a prerequisite for filing such a lawsuit. However, this rule has changed with a recent decision by the Regional Court of Appeals. According to the decision, subjecting a negative declaratory judgment lawsuit, a specific form of declaratory judgment lawsuit, to the mediation requirement and rejecting it on procedural grounds is deemed unlawful. This is because a negative declaratory judgment lawsuit only determines whether the plaintiff is indebted or not. Furthermore, the judgment rendered in this lawsuit is not a judgment requiring the collection of a debt. However, decisions rendered as a result of mediation have the force of a judgment and are subject to compulsory enforcement.