NEWSLETTER-2020-metin

276 NEWSLETTER 2020 gue that a negative declaratory action should not be assessed subject to mandatory mediation, the mentioned case is not principally an action for performance, but is a “declaratory” action. In addition, in cases of joinder of actions regulated in Article 110 of the Civil Procedure Code numbered 6100 (“CPC”) or alternative pleadings as in Article 111 of the CPC, the way to proceed is explained in the book entitled, “Mediation as Pre-condition Before Filing a Law- suit in Commercial Disputes”, prepared by the Mediation Department. In the joinder of actions where the plaintiff alleges more than one primary independent claim against the same defendant in the same pe- tition for action (CPC Article 110), each primary claim constitutes an independent case; therefore, the pre-conditions should be separately examined for each primary claim 4 . On the other hand, in alternative pleadings where there is a relation between several claims brought by the plaintiff against the same defendant in the same petition by constituting a principal-accessory relationship (CPC Article 111), the rules for mandatory mediation shall be applied if one of the claims is a commercial case that includes a claim for monetary payment or com- pensation. The same applies for the elective cases regulated in Article 112 of the CPC, as well. In the Handbook of Attorney in Mandatory Mediation in Commercial Disputes, published by the Union of Turk- ish Bar Associations, it is advised that application to mediate would be appropriate in cases where the claims are several, and some are related to a receivable or compensation claim, but not the others 5 . Summary of the Decisions of the Local Court and the Regional Court of Appeal The plaintiff requests the restitution of the cheque and the declara- tory judgment that the cheque issuer does not owe to the defendant, who is the beneficiary written on the cheque, by claiming that the cheque was lost, a case for cancellation of the lost cheque was filed, and that cess date: 29.05.2020). 4 Koçyiğit / Bulur , p .69. 5 Aslanpınar, Y.Burak: Handbook of Attorney in Mandatory Mediation in Com- mercial Disputes, Publications of Union of Turkish Bar Associations: 364, An- kara, 2019, p.21, https://d.barobirlik.org.tr/2019/ticariuyusmazliklardaarabulucu lukelkitabi/20/#zoom=z (Access date: 29.05.2020).