Third-Party Objection Lawsuit

Third-Party Objection Lawsuit

Although court judgments are generally presumed to be fair and issued in compliance with all legal and statutory standards, the law grants litigants the right to challenge judicial decisions. This is because the possibility of error in issuing judgments or the discovery of new facts always exists and may result in a change to the issued decision. Methods for challenging court rulings are divided into ordinary and extraordinary remedies. Ordinary remedies include objections to default judgments and appeals, while remedies such as cassation, third-party objection, and retrial are considered exceptional.

Effects of a Third-Party Objection on the Challenged Ruling

As stated above, one method of challenging a court ruling is a third-party objection lawsuit. This remedy is specifically designed for third parties who were not involved in the litigation process or in the issuance of the verdict, but whose rights have been adversely affected by it. Through this mechanism, third parties may object to the verdict and request its annulment.

Concept of Third-Party Objection

A third-party objection is considered an extraordinary method of challenging a court ruling. It does not prevent the enforcement of the verdict and does not have a suspensive effect on its execution. In general, the right to challenge verdicts belongs exclusively to the parties to the case. Third parties may challenge court rulings only through a third-party objection.

A third-party objection must be directed against a ruling issued by a court of first instance. Third parties also have the right to object to arbitral awards and rulings issued by appellate courts or revolutionary courts.

It should be noted that no specific time limit has been established for filing a third-party objection. A third party may file an objection at any time after becoming aware that the ruling has infringed upon their rights. The only legal limitation applies when the verdict has already been executed. Under the Civil Procedure Code, a third-party objection must be filed before the execution of the verdict.

Rulings Subject to Third-Party Objection

In matters concerning third-party objections, the law refers to objections against a ruling rather than solely a judgment. In legal terminology, a ruling includes both judgments and procedural orders. Therefore, a third-party objector may challenge both decisions and orders issued by courts of first instance, revolutionary courts, appellate courts, or arbitral tribunals.

It is important to note that, as long as the ruling has not become final and appellate proceedings initiated by one of the parties remain pending, a third-party objection cannot be filed. In such cases, the third party may intervene as a third party or be joined to the case through third-party joinder at the request of one of the litigants.

Parties to a Third-Party Objection Case

A third-party objection must be filed by the third party against both the judgment creditor and the judgment debtor. The third party or their legal representative must not have participated in the proceedings that resulted in the issuance of the ruling, nor be considered one of the original parties to the dispute. A person who appeared in the proceedings solely as a representative may, after the issuance of the ruling, independently file a third-party objection in their own capacity as a third party.

Types of Third-Party Objection

Third-party objections are divided into two types: principal and incidental.

• Principal Third-Party Objection: If a third party files an independent lawsuit by submitting a formal legal petition to challenge a ruling and request its annulment, the objection is considered a principal third-party objection. The competent court for such an objection is the court that issued the finaldecreeg.
• Incidental Third-Party Objection: This type arises when one party to a case relies on a previously issued ruling during the course of proceedings, and the opposing party objects to that ruling to refute the claim.

Legal Effects of a Third-Party Objection

• Transfer Effect: In a third-party objection, the dispute, in whole or in part, including both factual and legal aspects, is transferred from the court of first instance to the appellate level for review.
• Non-Suspensive Effect: A third-party objection does not suspend enforcement of the ruling and does not delay or suspend execution. Its sole purpose is the annulment or modification of the verdict.

Procedure for Filing a Third-Party Objection

At present, third-party objection petitions are filed through electronic judicial service offices and are forwarded to the court that issued the ruling. Both the judgment creditor and the judgment debtor of the challenged ruling must be named as parties to the objection. Failure to do so will result in dismissal of the third-party objection lawsuit.

Frequently Asked Questions About Third-Party Objection Lawsuits