NEWSLETTER-2019-metin

Decision of the Court of Cassation on the Unification of Case Law Concerning Interest Problem in Partial Claim Lawsuits* Att. Alper Uzun Introduction A partial claim lawsuit is an action in which the claimant requests a decision on a certain part of its claim or right arising from a legal relationship with the same person, for the time being. In this type of case, the claimant, while filing a lawsuit, sues for a part of its claims, saving its right to claim and litigate the remainder in the future. After filing a partial claim lawsuit, the claimant requests its reserved rights through rectification (to increase the claimed amount) during the course of the proceedings. The partial claim lawsuit is preferred in order to save the cost of proceedings at the beginning of litigation process, as well as for the determination of the exact amount of the claim, as well as compensation, in cases where those amounts cannot be exactly determined beforehand. A partial claim lawsuit, which has been a frequently used method, although it was not explicitly regulated by the abrogated Code of Civil Procedure No. 1086 (“aCCP”), has been accepted as a type of case in Code of Civil Procedure No. 6100 (“CCP”) and it has been condi- tioned to be applied where the “subject of demand is divisible”. When a partial claim lawsuit is filed, the problem of interest arises regarding the action of debt, since the demand is increased through rectification. The chambers of the Court of Cassation have differing opinions concerning whether interest can be ruled upon, if not demanded, during the rectification; therefore, this issue has been addressed by the Grand General Assembly of the Unification of Case Law of Court of Cassation (“GGA”). * Article of September 2019