NEWSLETTER-2020-metin

281 CIVIL PROCEDURE LAW However, the 9th Civil Chamber of the Court of Cassation, through its decision concluded in September, signed an exemplary and guiding judgment that would put an end to these differences of opinion. In this newsletter, we will examine this important decision made by the 9th Civil Chamber of the Court of Cassation. What Does The Decision Say? The Fundamental Criteria Regarding the Lawsuit for Uncertain Receivables The 9th Civil Chamber of the Court of Cassation firstly defined uncertain receivable lawsuits, and then emphasized the fundamental criteria sought for filing the lawsuits in its decision dated 14.09.2020 and numbered 2016/26476 and 2020/7547 2 . Accordingly: a) On the date the case is filed, the amount or value of the rece- ivable subject to the dispute cannot be specified exactly and precisely; b) This inability to specify should be based on objective im- possibility. In other words, the determination of the amount or value should not be expected from the plaintiff, despite the necessary care and attention given. The documents that needed to be examined for the determination of the value of the lawsuit that cannot be obtained when filing the case, or which are possessed by the other party, may be given as examples for this. Situations where the determination of the amount of the receivable depends on the discretion of the judge are also considered as legal impossibilities. Therefore, in these cases, lawsuits for uncertain claims may be filed; c) The fact that there is a dispute between the parties in terms of the amount of receivable does not necessarily mean that the determination of the claim amount cannot be expected from the plaintiff; 2 The 9th CC of the Court of Cassation, 2016/26476 E., 2020/7547 K., 14.09.2020.