NEWSLETTER-2020-metin

283 CIVIL PROCEDURE LAW amendment of the law does not allow the plaintiff to complete the lack of legal interest by granting time in the lawsuit, which was filed as the lawsuit for uncertain receivables, although not bearing the conditions. The Prohibition to Make Unexpected Judgments In line with the recent decision numbered 173 given by the First Presidential Board of the Court of Cassation, the 22nd Civil Chamber of the Court of Cassation was closed, and the current works were as- signed to the 9th Civil Chamber. This unification raised the question as to how these Chambers would decide as of this date, which had adopted different precedents in legal disputes on the same issues in the past. The 9th Civil Chamber of the Court of Cassation answered this question, in addition to giving its opinion on important debates regard- ing uncertain receivable lawsuits. By not choosing to unify the case law on differences of opinion, the Chambers drew attention through its decision on the “ prohibition to give unexpected judgments, ” which is a reflection of the right to a fair trial. In the doctrine, the unexpected judgment is defined as “[ a ] deci- sion that is unexpected and unforeseen by the parties and third par- ties, which is contrary to the course of the trial, the legislation and the established case law, when the legal situation and grounds of the trial are taken into account” 4 . The decision given by the courts that is contrary to their case law precedents may be deemed as an unex- pected judgment 5 . The prohibition to make an unexpected judgment is considered as one of the elements of the right to a fair trial, which is regulated in Article 36 of the Constitution. Pursuant to the prohibition to give unexpected judgments, reversing from the established case- law, and suddenly making a new decision without any justification or indicating what actual or legal reason(s) led to this change of case law 4 Özekes, Muhammet: “ Gerçek Bir İçtihat: 9. Hukuk Dairesi’nin Belirsiz Alacak ve Sürpriz Karar Yasağıyla İlgili Emsal Kararı ”, https://blog.lexpera.com.tr/ gercek-bir-ictihat-9-hukuk-dairesinin-belirsiz-alacak-ve-surpriz-karar-yasagiyla- ilgili-emsal-karari/?fbclid=IwAR2CSErVzP_e57y55jSuqBHk8JKy0b7CTQJB- HjWLRbWkHCYX9htP-e_uMys (Access Date: 26.10.2020). 5 Pekcanıtez, Hakan: “ Hukuki Dinlenilme Hakkı ”, Makaleler, On İki Levha Yayıncılık, August, 2016, p. 509-560.