Medeni Usul Hukukunda müddeabihin artırılması
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Date
2009
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Sosyal Bilimler Enstitüsü
Abstract
With an increase in the amount disputed, the fee that must be collected from theplaintiff must also be increased. The subject matter increase in fee must be deposited to thecashier of the court for complete payment of the Court Fees.As stated in article 288 of Code of Civil Procedure, if the amount under dispute isincreased, the situation in which a case cannot be proved without a bill, on the basis of thelimit necessitating a written evidence, will become a consideration here. Although a witnesscan be heard, with regard to a legal dispute involving an amount that is less than the limitnecessitating a written evidence, if the subject matter amount is increased then it willbecome mandatory to prove the case.Another limitation in the Code of Civil Procedure, Article 427, is about appealing afinal decision. In application, it has been observed that this limitation has been used toserve bad intentions. Some plaintiffs, judging the possibility of a final decision reached inthe first court of justice to be overturned in the court of appeal as high, choose to keep theamount disputed below the limit for appeals and as such try to finalize the decision reachedby the court without an appeal. I believe that our judges play an important role inmitigating the effects of this kind of malevolent behavior that we encounter in applicationfrom time to time.In increasing the amount disputed, we will also be faced with another importantresult in terms of procedural economy and the validity of previously conducted proceduraltransactions. With regard to the partial improvement of the case; as an example, if theconsideration is increased in the same case or the scope of the case is extended, then partialimprovement can be considered. In a case as such, it would be impossible to consider all theprocedural transactions conducted until then to be invalid. In article 87 section 1 of Codeof Civil Procedure that arranges the partial improvement of a case, the followingexpression takes place ?from the point that the party causing the improvement, embraces?,and according to this, the plaintiff becomes the party that has a say as to which one of theprocedural transactions conducted will be deemed as invalid. On the other hand theprocedural transactions pertaining to the part of the case that has not been improved oramended will maintain their validity. In case of a partial improvement, the considerationcan be increased through improvement, the plaintiff initiating a partial case will be able toclaim the rest of his/her receivable that has been reserved, later in the same case. Thecreditor (plaintiff) that requests the payment of his principal receivable in the first case, willbe entitled to request an interest in the same case if the debtor (defendant) does not consent
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Medeni usul hukuku