Although the ruling on no decision and the ruling on the grounds that the case remains unsubjected may seem similar in some ways, there are important differences between them. These differences are especially important in terms of their legal consequences and the way the court handles the case. Here are the basic differences between these two rulings:
1. Reason for the Ruling:
– Ruling on No Decision:
– This ruling is made when there is no longer a legal reason to continue the case. For example, when the dispute between the parties is resolved, the plaintiff withdraws his request, or when there is no need for the court to make a decision on the merits for other reasons, the court makes this decision.
– The court does not conduct an examination on the merits of the case since resolving the dispute has become unnecessary.
– The Case Becomes Unsubject:
– The case becomes unsubject when the dispute that is the subject of the case ends after the lawsuit is filed and while the trial is ongoing. For example, when a debt that is the subject of the lawsuit is paid or the parties reach an agreement on a property right that is the subject of the lawsuit during the lawsuit process, the case becomes unsubjected.
– The case being left without a subject means that the dispute has been resolved before going to court or during the trial.
2. Trial Process:
– Decision on No Decision:
– The court does not conduct any examination on the merits and does not make a decision on the resolution of the dispute. In this case, the court ends the trial process in a short time.
– The case ends without making an assessment on the merits of the case.
– The Case Being Left Without a Subject:
– The court decides to end the case without making an assessment on the merits of the case. Since the dispute that caused the case to be filed has been resolved on its own, the court determines that there is no need to continue the case.
– The case ends due to the lack of a subject, but the court accepts that this situation occurred due to events that developed after the case was filed.
3. Results:
– Decision on No Decision:
– This is the case where the court does not make a decision. Therefore, no decision is made regarding the rightness or wrongness of one of the parties regarding the subject of the case.
– The case ends completely, but since no decision has been reached on the merits, the parties may file a new lawsuit with new evidence and justifications.
– The Case Becomes Subjectless:
– Since the dispute has ended during the trial process, the court ends the case without needing to make a decision on the merits.
– If the case becomes subjectless, the plaintiff cannot file a lawsuit regarding the same subject again, because the dispute has been resolved during the trial process.
4. Trial Expenses:
– The Decision That There Is No Ground for Making a Decision:
– Trial expenses are determined according to the circumstances of the concrete case. Generally, the party filing the lawsuit may have to bear the trial expenses. However, this is at the discretion of the court.
– The Case Becomes Subjectless:
– If the case becomes subjectless, the trial expenses are determined according to the way the dispute ends. For example, if the defendant pays his debt during the trial, he may be held responsible for the trial expenses. If the dispute ends with the agreement of the parties, the expenses may be left to the parties.
5. Application to Legal Remedies:
– Decision on No Grounds for Making a Decision:
– These decisions are subject to legal remedies such as appeal and cassation. The parties may take this decision to legal remedies and discuss whether the decision is lawful or not.
– The Case Becomes Subjectless:
– If a decision is made for the case that remains subjectless, the parties may apply to legal remedies. However, since the dispute is generally resolved, no examination is made on the merits of the case.
Conclusion:
While the decision on no grounds for making a decision is made in cases where the court no longer needs to make a decision on the case, the decision on no grounds for leaving the case is made due to the end of the dispute between the parties during the litigation process. In both cases, the case ends, but if the case becomes subjectless, the dispute is eliminated and a new lawsuit cannot be filed on the same subject. In cases where there is no grounds for making a decision, a new lawsuit can be filed since a decision has not been made on the merits of the case.