ENTRANCE
NOTIFICATION
Notification is the process of duly notifying the relevant party of legal proceedings and documenting this
notification. In this respect, it is vital to the right to a fair trial, the right to a defense, and the sound conduct
of the proceedings. In particular, the timeframe for filing a lawsuit, presenting a defense, and filing an
objection begins with notification; therefore, proper notification constitutes a fundamental legal obligation.
Notification plays a critical role not only in informing the parties but also in ensuring
procedural economy, the fairness of the proceedings, and legal certainty. Proper notification
is essential in judicial proceedings, as decisions made without notification may be legally
invalidated or the parties may suffer a loss of rights.
Furthermore, notification is a fundamental institution in the legal system directly related to the parties’
freedom to seek legal remedies. Individuals can only effectively exercise their rights, participate in litigation
and legal proceedings, and properly exercise their rights of defense through proper notification. Therefore,
the institution of notification constitutes one of the most important cornerstones of procedural law.
Notification law in Türkiye is primarily governed by Notification Law No. 7201 and related regulations. With
advancements in technology, new regulations have been introduced that allow for electronic notification; e
notification, in particular, has gained a significant place in this context.
1-) Definition and Legal Nature of Notification
Notification is regulated by Notification Law No. 7201. According to the law, notification is the process of notifying the relevant
party of a transaction within the framework of the procedures prescribed by law. Due to its legal nature, notification is
considered a procedural act. As such, it does not have any consequences regarding substantive law; however, it does initiate
the timeframes required for exercising substantive rights.
For example, service of a lawsuit petition to the defendant initiates the period for filing a response. Similarly,
service of court decisions to the parties initiates the period for seeking legal remedies. Therefore, the
absence or irregularity of service can directly impair the parties’ right to seek legal remedies.
2-) Purpose and Importance of Notification
The primary purpose of notification is to ensure that individuals participate in the trial process without losing their rights. This purpose is
embodied in three fundamental functions:- Informing Function: Informing the relevant person about the action taken against him/her.- Beginning of the Periods: The periods determined by law or by the judge begin to run upon notification.- Guarantee of the Right to Defense: Notification guarantees the parties’ access to the court and the right to
a fair trial.
The right to a fair trial, as enshrined in Article 6 of the European Convention on Human Rights,
requires proper notification. Improper notification may result in a violation of this right and may
also result in a new trial or an individual application to the Constitutional Court.
3-) Types of Notification
A-) Notification through the General Directorate of Post and Telegraph Organization (PTT)
Definition: This is the most common and basic method of notification. Notification documents are delivered to the PTT (Postal Post Office) by the
issuing authority and then delivered to the relevant party via postal dispatchers (notification officers).
Features:- PTT acts as an “intermediary institution” in delivering the notification.- A notification receipt is issued and the time of notification is recorded.- The address registration system (MERNIS) is used to ensure that the notification is sent to the correct address.
Practical significance:It’s both the most preferred and one of the most secure methods. However, delays can
occur due to address detection or distributor errors.
B-) Notification through an Officer
Definition:In some special cases, notification is made directly through the relevant institution officials.
Examples:- Police, gendarmerie, village headman or officials of relevant public institutions can make the notification.- In penal institutions, notification is made through prison guards.
Features:- This method is generally applied in cases where rapid transportation is required or notification via PTT will be
delayed.- The document issued to prove that the notification has been made replaces the notification receipt.
Importance:It is a preferred method in judicial proceedings requiring urgency.
C-) Direct Notification
Definition:Notification is made by the issuing authority itself, without PTT or any other
intermediary.
Examples:- Direct notification to the parties from the court registry.- Direct delivery of documents issued by notaries to the relevant parties.
Features:- It is fast as it does not require any intermediary installation.- The notification document is prepared directly and recorded with the signature of the party.
Application Area:It is mostly used between parties located in the same place and in official offices.
D-) Notification by Public Notice
Definition:If the addressee’s address cannot be determined or notification cannot be made by other methods, it is the
notification made by announcement.
APPLICATION:- It is published in the Official Gazette or on the notice board of the relevant institution.- It may also be possible to publish it in local newspapers.
Features:- It is an exceptional method, not always applied.- The law allows this method only when notification cannot be made by other means.- The announcement is deemed to have been made 7 days after its publication.
E-) Electronic Notification (e-Notification)
Definition:Notification is made digitally via the National Electronic Notification System (UETS) with a secure
electronic signature.
Legal Basis:Provisions added to the Notification Law No. 7201 in 2011 and the relevant regulation.
Features:- It is faster, more economical and safer.- Notification is deemed to have been made at the end of the fifth day following the date it reaches the addressee’s electronic address.
If the addressee opens the electronic notification before the five-day period expires, the Constitutional Court considers the opening
date to be the date of notification and accepts that the five-day period need not expire.- It is mandatory for some sectors such as lawyers, capital companies, public institutions.
Advantages:It prevents paper waste, reduces notification costs, and increases processing speed.
Problems:Technical malfunctions and failure of the relevant party to regularly check their electronic notification address
may result in loss of rights.
4-) Conditions of Notification
In order for the notification to be considered valid, certain procedural rules must be followed:- Notification must be made by the competent authority,- Notification shall be made to the persons specified in the law,- Acting in accordance with the address registration system,- Correct and complete preparation of the notification certificate.
Failure to comply with these requirements will result in the notification being deemed improper. Improper notification
will trigger the time limits from the date of discovery. If the two essential elements of notification—notification and
documentation of such notification—are lacking or absent, the notification is deemed non-existent and will not be
effective from the date of discovery.
5-) Address Registration System and Mernis in Notification
With the amendment made in 2007, the address registration system (MERNIS) began to be used as the basis for
notification procedures. This regulation resulted in the residence declared by individuals being accepted as their official
address. Sending notification to the Mernis address prevents the addressee from receiving the notification.
It has increased the effectiveness of notification by preventing evasion.
6-) Notification Methods and Procedures
6.1 Notification Methods
Notification can be made in various ways. These include:- Direct notification to the known address of the addressee- Notification to the attorney or representative- Notification to legal entities- Notification to persons in prison- Notification made in foreign countries- Notification made through announcement- Electronic notification
6.2 Conditions for Proper Notification
The following conditions are required for valid notification:- Made to the right person, the right address- The notification must be prepared in accordance with the procedure.- Documentation of notification (notification receipt, etc.)- Notification must be made in accordance with the legal deadlines.
6.3 Legal Consequences of Improper Notification
The consequences of improper notification can be summarized as follows:- Absence of notification:The notification is deemed never made and the transaction is invalid.- Improper notification:If notification has been made but legal procedures have not been followed, the time limits do not begin to run. The time limits
begin to run only from the date the addressee who received the improper notification acknowledges that they have been notified.- In this case, it is possible to object to the transactions made or request reinstatement.
7-) Scope of the Notification Law and the Transactions It Covers
7.1 Scope- Notification Law No. 7201 regulates the notification procedures to be carried out by courts, enforcement offices, administrative
institutions, and other official authorities. In court proceedings, procedures such as petitions, hearing dates, and decision notifications
are carried out under this law.
7.2 Transactions Covered
The law regulates notifications to both individuals and legal entities. The following transactions are included:- Notification of court decisions- Initiation of enforcement proceedings- Notification of administrative fines- Notifications from public institutions- Notifications made electronically
- Notifications to be made abroad- Notification procedures by announcement
😎 Legal Nature and Elements of Notification
8.1 Legal Nature- Notification is the proper notification of a legal action to the person who should be affected by its outcome, and the
recording of that notification. In other words, it is not merely a notice; it is also a formal and documented action that
produces legal consequences.- Notification is considered within procedural law. It is a mandatory tool for notifying the parties of the proceedings and
enabling them to exercise their rights during this process. Without notification, it is not possible for a party to exercise
their right to defense, present evidence, or raise objections. From this perspective, notification is a direct means of
implementing the “legal right to be heard.”
8.2 Elements
The main elements of the notification are as follows:- Determination of the addressee- Notification must be made according to the specified address or method.- Documentation of notification- It has consequences for the realization of legal proceedings.
CONCLUSION
The institution of notification is recognized as a fundamental element of the right to a fair trial in modern legal
systems. As such, it is not merely a formal means of notification; it is also a fundamental procedural procedure
that directly impacts the functioning of the judicial process. In any transaction that produces legal consequences,
the obligation to provide timely and proper notification to the relevant party is essential for both the legitimacy of
the proceedings and the effective exercise of individual rights.
The regulatory framework for notification in Turkish law essentially consists of Notification Law
No. 7201 and the regulations issued under this law. However, in line with technological
advancements, digitalization trends in public services, and efficiency goals in judicial processes,
the field of notification has undergone significant transformations in recent years. The
introduction of electronic notification (e-notification), particularly after 2011, has brought about a
radical paradigm shift in both domestic law and practice.
The electronic notification system offers many advantages over traditional notification
methods, enabling faster, more cost-effective, and less error-prone service. E-notification,
implemented through the National Notification System (UTS), has become mandatory for
many addressees, particularly lawyers, public institutions, and legal entities, and has begun to
be implemented systematically.
However, the implementation of the e-notification system has created several structural problems,
both technical and legal. Topics such as the time it takes for notifications to reach the addressee, the
“read” criterion, the obligation to notify the addressee, cybersecurity and data protection risks, and
system malfunctions have become the focal point of discussions in this area. Furthermore, making e
notification mandatory for those who lack access to electronic systems or lack sufficient digital literacy
raises serious concerns regarding accessibility and the right to a fair trial. Therefore, the reflection of
digital inequality issues in the legal process should be carefully evaluated in practice.
are among the necessary matters.
On the other hand, problems stemming from traditional methods persist in practice, such as address
identification, notification to the wrong person, non-compliance with the conditions of public notification,
deficiencies in notifications to detainees and convicts, and delays or invalidity of notifications made abroad.
This situation highlights the need for improved notification law not only through technological means but
also through structural interventions such as comprehensive legislative reform, increased institutional
capacity, and personnel training.
The emphasis placed on the distinction between “improper notification” and “absence of notification,” particularly in
judicial decisions and legal doctrine, underscores that this process, beyond being a formal procedure, is directly linked
to the freedom to seek legal remedies. Because the loss of rights that may result from improper notification can lead to
damages that are difficult or impossible to compensate, procedural rules in this area must be meticulously applied, and
decisions must be based on reasoned assessments in each specific case.
As a result, notification law in Türkiye is undergoing significant transformations at both the theoretical and
practical levels; particularly with the process of electronicization, the scope, functioning, and problem areas
of this field are being redefined. In the coming period;- Further expanding the scope of electronic notification,- Clarification of judicial precedents regarding digital notifications,- Resolving accessibility issues,- Strengthening international notification cooperation,- Making address systems holistic and up-to-date,- And the continuous training of notification personnel will remain on the agenda as an important area of reform.
Notification is not merely a technical legal field; it is also a cornerstone of an individual’s right to access a
court, a fair trial, and the state’s provision of legal certainty. Therefore, establishing a sustainable, inclusive,
and accessible notification system, both legislatively and practically, is essential for embodying the principle
of a democratic state governed by the rule of law.
COURT OF APPEALS DECISIONS REGARDING NOTIFICATION
1-) Court of Cassation 12th Civil Chamber, 10.07.2012 T., 2012/8760 E., 2012/24211 K. (Notification
to the Attorney);
“…According to Articles 11 of the Notification Law No. 7201, 41 of the Attorneyship Law, and 62 and 68 of the Civil Procedure Code, in
transactions conducted through an attorney, notification must be made to the attorney. Serving the sales announcement to the principal
instead of the attorney is irregular and is, in itself, grounds for the termination of the tender…”
2-) Court of Cassation 12th Civil Chamber, 15.04.2019 T., 2019/5077 E., 2019/6288 K.
(Person to be Notified is the Enemy);
“…in the present case, the valuation report and the sale announcement were notified to the company official, and since the company official
who received the notification on behalf of the debtor company is also a debtor in the same enforcement proceedings, the notification made to
him is irregular, as it is contrary to the provision of Article 39 of the Notification Law regarding the prohibition of notification to the enemy…”
3-) Court of Cassation 21st Civil Chamber, 30.06.2020 T., 2019/3083 E., 2020/3000 K. (Age and Driving License
Requirement);
“…since it has been understood that the person receiving the notification does not appear to be under eighteen years of
age in the notification document and there is no evidence or record of them living together under the same roof with the
addressee…”
4-) Court of Cassation 12th Civil Chamber, 03.06.2013 T., 2013/14002 E., 2013/20506 K.
(Notification to Officials and Employees of Legal Entities);
“…even though the sale announcement notification was served on the debtor company with the signature of the company’s
watchman, M.Ç., the notification was made irregularly, as it was notified without investigating whether there was a person authorized
to receive the document, and without annotating the notification document if there was no authorized person, as stated in Article 21
of the regulation…”
5-) Supreme Court of Appeals 5th Civil Chamber, 21.11.2019 T., 2018/11061 E., 2019/18709 K. (Performing
Professions and Arts in a Certain Place or at Home);
“…According to Article 17 of the Notification Law No. 7201, when making a notification to someone who practices their profession or
craft permanently in a specific location, the addressee must first be contacted. If they cannot be found, the notification must be made
to one of the permanent officers or employees at the same location. In the specific case, since the addressee was on business at the
time of the dispatch, and the notification was made to the authorized signature of ….. at the same address, it was understood from the
document prepared by the bar association that the trainee lawyer who received the notification was interning under the supervision
of another lawyer who was not the attorney in this file on the date of the notification. Since the person notified was not a permanent
employee and the notification certificate did not state “permanent employee,” the notification was irregular…”