NEWSLETTER-2020-metin

286 NEWSLETTER 2020 pensation to be paid was determined as TRY 257,693 and, upon the re- quest of the Applicant, the first instance court ruled that the pecuniary compensation in the amount of TRY 220,000 be paid to the Applicant. The decision became final by legal remedy investigation without any change in terms of the additional compensation awarded. Later, the Applicant filed an additional claim for the remaining part of the TRY 257,693 determined by the expert, which is TRY 37,693. The court of first instance which examined the file, decided to admit the case; whereas the Regional Court of Appeal, which investi- gated the case upon the application made by the defendant administra- tion, decided to accept the appeal and to dismiss the case as a final decision. Following this decision of the Regional Court of Appeal, the Applicant applied to the Constitutional Court through individual application. The dispute is gathered at the point of whether the amount indi- cated in the expert report acquired in the partial claim (and constitut- ing the basis of the finalized judgment) that exceeds the claim in the partial claim shall be conclusive evidence, which shall bind the court in the additional claim. Partial Claim and Evidence in Turkish Law Article 109 of Code of Civil Procedure (“CCP”) numbered 6100 regulates partial claims. In this context, in cases where the subject of the claim is divisible due to its nature, it is possible to request only a part of it through a lawsuit. It is not necessary for the plaintiff to ex- plicitly qualify his/her case as a partial claim, understanding that only a part of the receivable has been claimed is sufficient. The remainder of a partially litigated receivable may be filed separately. In Turkish law, evidence is divided into two categories, those be- ing conclusive and discretionary evidence. While conclusive evidence binds the judge, and the judge has no discretion over this evidence, discretionary evidence does not bind the judge, and can be freely taken into consideration. Deed, oath and final judgement are examples of