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any inferences about the outcome of the case. It is highly likely that
throughout the trial period of the litigation the claimant will able to
anticipate the judicial determinations especially after expertise report,
hence can increase their claim amounts and pay required additional court
fees which will be proportionate to the compensation or indemnification
eventually awarded.
On the other hand, pursuant to the principle adopted by unanimity
by the General Assembly of Civil Chambers of the Court of Appeal, the
fact that the right of surplus is reserved in the partial claim case does not
interrupt the prescription period, and the prescription period is interrupted
only for the part that is preserved. Similarly, the lapse of time is preserved
only for the part that was claimed with the partial case. The lapse of time
is not preserved for the part that was out of the scope of the partial case.
The concept of “Legal Action for Unspecified Claim Amount” is
adopted by Article 107 of the Code of Civil Procedure (“CCP”) numbered
6100 which was published in the Official Gazette of 4 February 2011 and
numbered 27836, and will enter into force on 1 October 2011.
The legal action for unspecified claim amounts is a type of action for
enforcing the debt recovery or compensation or indemnification claims
which is not or cannot be defined precisely by the claimant because the
determination of the claim amount is left to the court.
Pursuant to the aforementioned article, in case the claimant cannot
be deemed to define the amount of claim on the date of filing a lawsuit or
in case this is impossible, the claimant can file an action for unspecified
amount of claim by assessing a minimum amount or value. As soon as
it is possible to define clearly the amount and value of debt by the help
of the information or investigation provided by the adverse party, the
claimant may raise his claim without being subject to the prohibition of
broadening the claim.
The legislator expresses the ground of the relevant provision as
follows:
“The claimant may be unable to assess and define the entire
amount of debt even if he knows the basis of the claim, the
defendant and the minimum amount to be claimed. This issue