NEWSLETTER-2020-metin

284 NEWSLETTER 2020 and / or without giving any opportunity to the parties for explanation and preparation, may be deemed as a violation of fundamental rights. In this context, the 9th Civil Chamber of the Court of Cassation did not revoke the decision, which set an example for the prohibition to give unexpected judgments with the principles of legal certainty and predictability, since before the unification of the chambers, the uncertain receivable lawsuits were not rejected on procedural grounds due the absence of legal interest. In addition, it was highlighted that the previous applications would continue in terms of the case files relying on the pre-unification case law. The Supreme Court hereby aimed not to damage the trust of the plaintiffs / creditors in cases filed by relying on the precedent case law. Conclusion The 9th Civil Chamber of the Court of Cassation responded to the ongoing discussions regarding the uncertain receivable lawsuits from the effective date of the CPL until today, and put forward its view with justification instead of the contrary case law of the Chambers sub- ject to the unification. Thus, some fundamental criteria regarding the action for uncertain receivables have been determined, as well. The said decision also sheds light as to how the amendment made on the lawsuit for uncertain receivables through the Law on the Amendment to Civil Procedural Law and Certain Laws numbered 7251 should be interpreted for practitioners. However, the most remarkable feature of the decision is that it is a precedent in terms of the implementation of fundamental rights and principles, such as legal certainty, legal secu- rity, and the right to a fair trial in procedural law, and is a decision at international standards. Evaluated from all aspects, it is clear that the decision of the Court of Cassation will guide the right holders and the practitioners of law in many different aspects in similar disputes in the future. This decision should, therefore, be thoroughly examined and evaluated.