NEWSLETTER-2019-metin

230 NEWSLETTER 2019 Preamble of the Decision The GGA, in its decision dated 24.05.2019 and numbered 2017/8 E. 2017/8 K., summarized different chambers’ opinions and their reasons. While some chambers argued that interest should be ruled upon based on the lawsuit petition (even if no demand for interest has been sought in the rectification request), others argued that interest cannot be applied to the portion increase by rectification since no such demand has been made. The GGA concluded that in order to resolve the matter, the ques- tion to be examined is whether the increase of the claim by rectifica- tion is a new or an additional claim. According to the GGA, increasing the claim should be considered as “partial rectification”. The addi- tional case is the lawsuit filed for reserved claims before or after the settlement of the partial claim lawsuit. As partial rectification is a legal establishment, which permits acquisition of the rights that can be ob- tained through an additional case with less expense and in a shorter period of time within the existing proceedings, it is an alternative to file an additional case. It has been accepted by the GGA that the claim- ant has the right to choose between partial rectification and filing for an additional case. Problems related to rectification should be assessed and concluded within the scope of the rectification establishment. The rectification petition presented during the partial claim law- suit does not eliminate the demands and auxiliaries in the petition, but only changes the amount of the requested claim. Therefore, the amount increased by rectification should not be considered as a new case, and all elements included in the first petition should be applicable to the portion increased by rectification, including the interest claim. According to the GGA, there is no need to reiterate the interest claim in the rectification petition since the interest claimed in the petition would be applicable to the rectification petition. At the preamble of the decision, it states that by accepting the applicability of the interest requested in the partial claim lawsuit to the increased amount of claim within the scope of the partial rectification, where interest is not demanded, it cannot be concluded that this would eliminate the difference between unquantified debt lawsuit and partial