Examples of Uncertain (Indecisive) Lawsuits and the Duty of Court in Facing Them; with an Emphasis on Judicial Proceedings

The object of the lawsuit is usually limited to one. In cases where there are multiple objects, it is often clear what the plaintiff wants from the court. However, the multiple objects sometimes cause the court to face ambiguity in ascertaining what the plaintiff wants from the authority. For example; when the objects “Specific Performance” and “Damages of Non-Performance” are raised together, it is not clear whether the plaintiff intends to reach the expected point of the contract (its performance) or he prefers to receive the damages caused by its non-performance. This situation, which led to the emergence of the term “ncertain (indecisive) Lawsuit” in the civil procedural law, creates the following questions: First, is the uncertainty of the lawsuit solely due to the uncertainty of the object, or are there other examples of uncertain lawsuits? Second, what is the duty of the court in dealing with an uncertain lawsuit? Answering these questions in a descriptive-analytical method and using library sources is the main goal of this article. In this article, while looking at judicial proceedings, this conclusion is reached: Firstly, as well as the object of the lawsuit, the scope and the feature of the object, the cause and the defendant of lawsuit may lead to an uncertain lawsuit. Secondly, despite the similarity of an uncertain lawsuit with a doubtful lawsuit (subject of subsection 9 of Article 84 of the Civil Procedure Code), the court may not dismiss the uncertain lawsuit. Instead, it sends a notice to plaintiff to correct the uncertainty or obtain an explanation from the plaintiff to do so. However, in some examples of uncertain lawsuits, the court must issue an appropriate judgment without sending a notice or asking the plaintiff for an explanation.