NEWSLETTER-2020-metin

287 CIVIL PROCEDURE LAW conclusive evidence; whereas, witness, expert, and site visit could be given as examples of discretionary evidence 2 . Evaluation Made by Regional Court of Appeal in the Additional Claim Subsequent to the evaluation made in the additional claim, the Regional Court of Appeal decided that the declaratory portion of the partial claim constituted a final judgment in terms of the additional claim; whereas the expert report received in the partial claim is not conclusive evidence. Accordingly, the expert report constitutes an ac- quired right for the amount ruled in the first case, and the expert report received in the partial claim does not bind the judge in the additional claim that was filed later. However, in the Regional Court of Appeal decision, it is also stated that although the rule is that expert reports are discretionary evidence, they could also be considered as conclusive evidence according to the characteristics of the concrete case 3 . That being the case, in terms of the concrete case, it is stated that the expert report does not qualify as conclusive evidence since it was not completely examined and objected in the partial claim. Moreover, it was concluded that there has been an error of calculation and evalu- ation in the expert report constituting the basis of the finalized judg- ment in the partial claim. Assessment as to Unconstitutionality The Constitutional Court stated that the essence of the Appli- cant’s complaint is related to the amount of the expropriation price, and that all of the complaints should be examined within the scope of the property right. Article 35 of the Constitution regarding the right to property in- cludes the provision that “[e] veryone has the right to own and inherit property. These rights can only be limited by law in view of the public 2 Pekcanıtez / Atalay / Özekes: Medeni Usul Hukuku Temel Bilgiler, İstanbul, 2018, p. 254. 3 Decision of Assembly of Civil Chambers of the Court of Cassation No. 2013/1728 E. and 2015/1036 K., 13.03.2015.