NEWSLETTER-2019-metin

231 CIVIL PROCEDURE LAWAND EXECUTION AND BANKRUPTCY LAW claim lawsuit. In fact, the partial claim lawsuit and unquantified debt lawsuit regulated in Article 107 of the HMK is filed and heard for dif- ferent reasons, and under different conditions. While an unquantified debt could be subjected to an unquantified debt lawsuit, a declaratory lawsuit or to a partial claim lawsuit, a certain or definable receivable could not be subject to an unquantified debt lawsuit or to a declaratory lawsuit. On the other hand, since the default and its conditions shall be determined separately according to the nature of the legal relationship or the legal situation to which the receivable is attached, it is clearly stated in the decision that associating the partial rectification with the default is inaccurate. Moreover, it is stated that accepting the interest claim in the partial claim lawsuit petition is valid for the amount increased by rectifica- tion would also serve for the realization of the right to legal remedies, guaranteed by the international conventions signed by Turkey and in our Constitution, and would comply with the principles of fair trial and procedural economy. Conclusion Regarding the reasons presented, the GGA concluded with a two- thirds majority that in a partial case where an amount is claimed, with interest, it can rule upon the interest-based claim in the petition for the amount increased by the rectification, even if there is no interest claim mentioned in the rectification petition. On the other hand, the members who voted against the deci- sion disagreed claiming that the judge is bound by the request of the claimant, and the judge cannot award beyond the claimants’ request; therefore, if interest is not sought while increasing the claim by recti- fication, the judge cannot rule upon interest; moreover, this does not imply, by itself, that interest is being requested for the claim amount that has been increased by rectification.