NEWSLETTER-2019-metin

234 NEWSLETTER 2019 bor receivables that claims regarding leaves of absence could also be added to the claims 3 . Assembly of Civil Chambers of the Court of Cassation The case is reviewed by the Assembly of Civil Chambers of the Court of Cassation (“ACC”) after the decision of the first instance court. 4 The ACC highlighted that the core of the dispute is whether a non-specified claim in the lawsuit petition can be claimed through the amendment of pleading and, firstly, is evaluated within the “principle of formality” and “principle of procedural economy”. The ACC stated that the procedural law is founded upon the principle of formality, which secures the protection from arbitrariness, equal treatment, etc., but should not be regarded as an inflexible for- mality, and it should not fall away from the aims of finding the objec- tive truth and just decisions. The principle of procedural economy, which is regulated by the Constitution and the CCP, focuses on eas- ing the proceedings and preventing unnecessary expenses. The ACC stated that in order to achieve a just decision, it is necessary to balance the formality of the procedural law that provides foreseeability for the parties, as well as the principle of procedural economy. The ACC also emphasized the importance of the conclusion of the claim. It stated that the conclusion of the claim is the one and main element determining the subject of the dispute and should provide what would be decided upon if the claim is accepted by the court. The subject of the dispute is to be determined through conclusion of the claim; therefore, the concept of amendment of pleading is important as it would be possible to change the subject of the case, broaden, or change the claim. The ACC stated that the case can be wholly recti- fied pursuant to Article 180 of the CCP and can be partially rectified pursuant to Article 181 of the CCP. In this context, in the amendment of pleading of the case, the claims in the lawsuit petition cannot be ruled as the cause of the case, or the subject of the claim is wholly 3 9th CC of Court of Cassation, E. 2007/19071, K. 2007/24482, 17.07.2007. 4 ACC’s decision, E. 2015/7-917, K. 2017/265, 15.02.2017, http://www.kazanci . com/kho2/ibb/files/dsp.php?fn=hgk-2015-7-917.htm&kw=%C4%B1slah+ile+`y eni+talep`#fm (Access date: December 2019).