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might arise particularly with regard to compensation cases
where the damage cannot be defined from the beginning, but can
be assessed after an examination. In our legal system, a person
in this position has to face many difficulties. To begin with, he
is asked to file a lawsuit for a debt that he does not have a total
knowledge of, on the other hand, in case it is found out that the
debt is over the claimed amount, the claimant was able to mention
this fact only within the limits of the prohibition of broadening
the claim. However, the right to claim legal remedies should
not aim to approve such limitation and to force an unrealistic
position, but to protect the person whose rights were infringed
or may be infringed to the greatest extent possible. Currently, the
fact that the concept of “efficient legal protection” becomes a
current issue in comparative law and Turkish law necessitate this
protection.”
When the relevant article is examined with its legal ground, it is
possible to reach the following conclusions concerning the application of
the unspecified claim actions:
1. The action for unspecified claim amounts can be filed (i) in cases
where the amount of the claim can only be defined after the
defendant provides information to the court, (ii) in the cases where
the amount of the claim can only be defined after the investigation
stage of the litigation process, (iii) with regards to the claims that
will be defined in accordance with the discretion of the judge, and
only for pecuniary claims.
2. In the cases where the amount of claim is possible to be specified,
an unspecified claim case cannot be filed.
3. The claimant can file an unspecified claim case by specifying the
legal relationship and a minimum amount or value.
4. The prescription period will be interrupted by the unspecified
claim action, contrary to the current practice, and it will not be
possible that the claim which is not defined by the claimant is
subject to prescription.
5. With the unspecified claim action, the judge will no longer be
bound and confined by the claim of the claimant.