Özet:

The shareholder may open liability lawsuits against the interested parties to compensate for the damages the company suffered. This case shows various characteristics in terms of civil proceedings law. One of these characteristics appears in terms of judgment costs. The court may, in some cases, share the trial costs between the shareholder who lost the case and the company not involved in the case. In order to be able to make a judgment in this direction, it is necessary to fulfill the conditions set out in Section 555 of the Covenant. This regulation is different from the general regulation of the Law on Legal Procedures (HMK) on liability for judicial expenses. In accordance with the provisions of HMK m. 326, the party who has been judged against the costs of trial is responsible. by TTK M. 555, if the conditions in Section II exist, the shareholder who loses the case may not be held liable for part of the trial costs. In addition, according to Article 555 of the TCC, a person who is not a party in the trial is allowed to be judged against the costs of the trial. This is an exception in the law. The study examined the purpose and conditions of this article, the relationship of the HMK with the relevant articles and the right to legal rest of the company not included in the case; some amendments were presented in order to the purpose of the article.

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