NEWSLETTER-2020-metin

259 CIVIL PROCEDURE LAW ings of the trial after declaring at the hearing that the investigation is completed; and, if requested by either of the parties, the hearing for the oral proceedings of the trial may be postponed up to two weeks. Another newly drafted Article is Article 305/A, titled “Comple- tion of the Ruling.” Pursuant to the said Article, a party may ask the court to deliver an additional decision regarding an issue which is already claimed, or should have been decided upon ex officio . The Proposal also provides regulations for settlement and waiver procedures. Accordingly, if parties have settled, or a party has waived its right for a claim after the decision is rendered, a ruling shall be delivered without any review of the higher court, even if a challenge has already been raised. The drafted amendment of Article 341 adds decisions on precautionary measures, or provisional attachments that are not delivered in the absence of either party, to the decisions that can be challenged. Therefore, the parties may appeal the decision without waiting for the objection procedure. The amendment to Article 353 renders it possible for the regional appeals court to reverse the decision and send the case back to the first instance court if the “significant part of the claim is left open without any decision.” The addition to the said Article enables the regional appeal courts to send the case back to the first instance courts, just as the court of cassation, although the regional courts of appeal may also decide on the merits of the case. The newly added third paragraph of Article 359 regulates that it is sufficient for the regional appeal courts to state that the decision of the first instance is in compliance with the law when the appeal is re- jected, so long as the appeal court summarizes the grounds for appeal, and explains the grounds for rejecting the appeal. This amendment raises the questions as to the principle for rendering decisions along with the reasoning, and might result with appeal court rulings that are composed of a couple lines, much the same as the court of cassation rulings. Regarding the precautionary measures, the Proposal provides that a precautionary measure may be requested before the Turkish courts, when the dispute is brought before a foreign state court or before an