Dinamoturk News Agency

Is It the Same for English and German Law?

No, there are significant logical and terminological differences between Turkish law (Continental European / Roman Law tradition) and English law (Common Law) as well as German law (BGB / ZPO – the founding model of Continental Europe) regarding lawsuit rejection mechanisms.

1. German Law (ZPO)

The Turkish Code of Civil Procedure (HMK) was directly inspired by the systematic structure of the German Code of Civil Procedure (ZPO – Zivilprozessordnung). For this reason, German and Turkish law are extremely close to one another; however, certain conceptual distinctions are clearer in German law:

Fundamental Binary Distinction

In German law, the primary distinction is also based on procedure versus merits:

  • Procedural Judgment / Rejection (Prozessurteil): A rejection decision rendered due to the absence of procedural prerequisites (Prozessvoraussetzungen). This constitutes a dismissal on procedural grounds (Klageabweisung als unzulässig). The merits of the case are not examined.
  • Substantive Judgment / Rejection (Sachurteil): A decision rendered after examining the merits of the case when the claim is found to be unjustified or unproven (Klageabweisung als unbegründet – dismissal as unfounded/unmeritorious).

Specific Situations and Differences in German Law

  • Statute of Limitations (Verjährung): In German law, the statute of limitations is a defense right/authority (Einrede) under substantive law. A rejection based on the statute of limitations constitutes a direct dismissal on the merits (Sachurteil), not a procedural dismissal.
  • Lack of Standing / Capacity as a Party (Sachbefugnis / Aktiv- und Passivlegitimation): Lack of capacity is not a procedural requirement in German law; it relates to the merits of the claim (Begründetheit). If capacity is lacking, the case is dismissed on the merits.
  • Decision on Lack of Procedural Requirements (Unzulässigkeit): If a procedural requirement is missing, the court cannot make any evaluation regarding the merits. If the deficiency is remediable, the court grants a period of time (Fristsetzung); if it is not remedied, the case is dismissed.

2. English Law (Common Law)

English law does not operate within the framework of a “Continental European Codification” or a single civil procedure code. The system relies entirely on the Civil Procedure Rules (CPR) and case law. Instead of a rigid binary distinction like “procedural dismissal / substantive dismissal,” there are distinct procedural tools:

Fundamental Rejection and Termination Mechanisms

1. Strike Out (CPR Part 3.4)

This is one of the most common procedural rejection mechanisms in English litigation. The court may strike out a statement of case without entering into the merits and without conducting a full trial if:

  • The statement of case discloses no reasonable grounds for bringing the claim,
  • The statement of case is an abuse of process,
  • A party fails to comply with a rule, practice direction, or court order.

2. Summary Judgment (CPR Part 24)

This is an early-stage mechanism closest to a “dismissal on the merits” in Turkish or German law.

  • If the plaintiff has no real prospect of succeeding on the claim,
  • Or if the defendant has no real prospect of successfully defending the claim, The court may grant summary judgment dismissing or upholding the case without a full trial (e.g., hearing witness testimonies).

3. Dismissal After Trial

This is the final judgment rendered by the court finding the plaintiff’s claim unjustified or unproven after the full trial, where evidence has been presented and witnesses cross-examined.

4. Limitation Period

In English law, the statute of limitations is a procedural defense (Limitation Act 1980). When the defense of limitation is raised and upheld, the court dismisses the case on grounds of limitation (Dismissal on grounds of limitation). This prevents the claim from being refiled.

Comparative Summary Table

Legal SystemEquivalent of Procedural DismissalEquivalent of Substantive Dismissal (Merits)
Turkish Law (HMK)Dismissal on Procedural Grounds (Dava Şartı Yokluğu)Dismissal on the Merits (Esastan Ret)
German Law (ZPO)Klageabweisung als unzulässigKlageabweisung als unbegründet
English Law (CPR)Strike Out / Dismissal on JurisdictionSummary Judgment / Judgment after Trial