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Debate on Article 77 of Civil Procedure Code
The new Civil Procedure Law, specifically Article 77, has sparked widespread controversy regarding the mandatory submission of a legal entity’s email address in the initial complaint. The law states that the complaint must include information such as the legal representative’s name, the headquarters, and the email address, with the possibility of warning the parties to rectify incomplete data before rejecting the case. Experts believe that digitization of judicial procedures remains optional, allowing for a transition between electronic and paper methods without restrictions, to ensure fair access to justice. They emphasize that the proposed obligation to provide an email address conflicts with the principle of optionality and facilitation in judicial procedures, especially since electronic notifications require the consent of the concerned party. The debate also revolves around the effectiveness and necessity of restricting the obligation to provide an email, amid the ambiguity regarding the application of the mandatory nature at various stages of the legal process, and whether it is based on clear requirements or merely divergent interpretations.
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