The Decision of Joint Chambers Regarding the Notification According To Article 21/2 Of The Notification Law

If the notification sent to the last known address of the addressee is returned and the place of residence in the address registration system is different from the known address; 21/2 of the Notification Law by giving an annotation “Mernis address” to the address of the place of residence in the address registration system. It is sufficient to issue a direct notification in accordance with the article. It has been stated 2019/2 E., 2020/3 K. No.20.11.2020 of the Decision of Joint Chambers of Supreme Court.

In the text of the decision, there are many doctrinal views and some of these views are as follows;

“… If it is understood that the last known address is not suitable for notification or if the notification cannot be made, the address of the addressee’s place of residence in the address registration system is deemed to be the last known address, and the notification is made here (Notification Law Art. 21/2). No further address searches can be done (Notification Regulation Art. 16/2)…” (Kuru, B: İstinaf Sistemine Göre Yazılmış Medeni Usul Hukuku, 2016, s. 850; Kuru, B: Medeni Usul Hukuku El Kitabı, 2020 Ankara, C.2, s. 1668)

“… If it is understood that the last known address is not suitable for notification or if the notification cannot be made, the address of the addressee’s place of residence in the address registration system is deemed to be the last known address, and the notification is made here (Notification Law Art. 21/2, Notification Regulation Art. 16/2). No further address searches can be done. As can be seen, in principle, it is stipulated to make at most two notifications. First of all, a notification will be issued to the last known address of the addressee, if no notification can be made at this address, a notification will be made to the address in the address registration system (mernis). In this case, there will be no need for an additional address search and the need to issue the documents to more than two notifications will not arise…” (Pekcanıtez, H.: Medeni Usul Hukuku, C.1, İstanbul 2017, 15. B., s. 510,511)

In the decision; When the Notification Law and the opinions in the doctrine are evaluated together; It has been stated that the mernis address is accepted as the official notification address. For this reason, in the notifications to be made pursuant to Article 21/2 of the Notification Law, it is stated that the notification can be delivered to the headman against signature, even if the addressee has never resided at that address.

As a result, if the notification sent to the last known address of the addressee is returned and the place of residence in the address registration system is different from this address; 21/2 of the Notification Law by giving an annotation “Mernis address” to the address of the place of residence in the address registration system. It has been resolved by the majority of votes that it is sufficient to issue a direct notification pursuant to the article and that it is not necessary to issue a normal notification to this address beforehand.

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