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PROCEDURAL LAW
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Partial Cases
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In the law of civil procedure, a partial case is suing for a part of a
claim and for some reason reserving the other part of the claim for a later
date in order to amend the reserved rights without filing a new suit. In this
respect, the claimant may demand its reserved rights in the partial case by
amendment of its claim in the same case without filing a new lawsuit.
The reason for a partial case is minimizing the expenses of litigation.
Perhaps a claimant does not want to undertake the expenses of the whole
case in the beginning. By filing the partial case, the claimant can see the
progress of the case without initially undertaking a large fee and may
form its final claim according to this progress. In this way, the claimant
avoid paying high amount of fees and can decide to pay them after being
sure about the outcome of the case. In practice, generally, claimants act
according to the facts in their partial cases (e.g., according to the conclusion
of an expert report) and prefer to amend the claim amount after the expert
report.
The right to bring a partial case was authorized by a Constitutional
Court Decision on July 20, 1999, with the number of 1999/1 E. and 1999/3
K. and published in the Official Gazette dated 04.11.2000 by annulment
of the last sentence of Article 87 of the Code of Civil Procedure which
stated “claimant can not increase the statement of a claim by amendment”.
Before this decision, claimants had to, first, file a suit for a part of
the claim and then later file a new suit for the other part of their claims
and they had to demand the consolidation of the cases. The Constitutional
Court, annulled the relevant article in Code of Civil Procedure on the
grounds that the fact that the article does not give the right to increase the
claim by an amendment, that it force the claimant to file a second lawsuit
and it restricted basic human rights and it was against procedural economy,
the rule of law, and the freedom to seek a remedy.
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Article of May 2010