What is reform?

What is Reform? | Izmir Lawyer

Amendment means improvement, correction, or bringing something to a better state. In a legal sense, the amendment of a lawsuit can be interpreted as described in the definition. It is defined as the correction of part or all of a procedural action taken by one of the parties. In other words, amendment means making changes to elements related to the lawsuit through a unilateral declaration of intent, without requiring the approval of the opposing party or the court.

Law No. 6100 Code of Civil Procedure Article 176 states that "Each party may amend, in whole or in part, the procedural actions it has taken." Amending the lawsuit allows a party who forgot to add something to their petition to do so. Furthermore, it provides the opportunity to correct procedural actions or complete missing parts. This helps prevent loss of rights that may arise from procedural deficiencies and errors during the trial.

Conditions for Rehabilitation;

1. A process suitable for remediation must be found.,
2. There must be a request for amendment put forward by the parties,
3. The request for rectification must be submitted within the prescribed time limit.

(According to Article 176/2 of the Code of Civil Procedure, parties may only resort to amendment once.)

Rehabilitation Period;

1. The amendment must be made and the necessary fees paid within the time limit given by the court. If a warning is given that the request for amendment will be considered withdrawn if the relevant procedures are not carried out within the given time, both the request for amendment and the payment of the necessary expenses must be completed within the given time. If the request is made but the fees are not paid, the amendment becomes invalid as if no amendment had been made.

Article 181 of the Code of Civil Procedure No. 6100 states: “(1) The party who applies for partial amendment is given a one-week period to perform the procedural action that he/she has amended. If the amended action is not performed within this period, the case continues as if no amendment had been made.” According to this article of law, the amendment must be made within a one-week period, and the one-week period in the article of law is a definitive period arising from the law.

If we examine this through the lens of the Supreme Court's decision:

In the specific case, the court granted the plaintiff's attorney a deadline of January 10, 2014, to amend the claim filed as a partial lawsuit. The amendment was made on February 10, 2014, one week after the deadline had passed. Therefore, it was erroneous to give weight to the amendment that was not made within the prescribed time.' (Supreme Court 22nd Civil Chamber, July 6, 2017, Case No. 2015/16593, Decision No. 2017/16240)

 “The court obtained an expert report to determine the amount of the labor claims in question. After the expert report was submitted to the file, the plaintiff's attorney stated at the hearing on September 20, 2012, that they had no objection to the report and requested time for amendments. Following this, at the hearing on the same date, the court;

“1- The plaintiff's attorney is given a strict deadline of 5 days prior to the hearing date to amend the lawsuit petition, pay the court fees, and have it served to the opposing party,

2- The objections of the defendant's attorney to the report will be decided after the plaintiff's attorney submits the amendment petition.,

The interim decision, which stated that "the hearing was therefore adjourned to 10:00 AM on December 26, 2012," granted the plaintiff's attorney until five days prior to the next hearing date of December 26, 2012, to make amendments to the claim.

In accordance with this interim decision, the plaintiff's attorney, with an amendment petition dated October 2, 2012, increased the amount of the claims in line with the expert report. The amendment petition was served to the defendant's attorney on October 12, 2012; the defendant's attorney submitted their objections to the amendment with a petition dated October 23, 2012.

"...In this case, since the plaintiff's attorney, within the time granted by the court, partially amended the petition, paid the fee, and ensured that the amended petition was served on the opposing party, the amendment carried out in accordance with the court's interim decision should now be given weight. Therefore, for the reasons explained above, the dissenting decision should be upheld." (Supreme Court of Appeals, General Assembly of Civil Law, Case No. 2015/3666, Decision No. 2018/244)

2.  Amendments can, as a rule, be made until the end of the investigation. (Code of Civil Procedure, Article 177/1) In other words, it can be said that amendments can be made at any stage until the court renders a decision regarding the case.

What is Partial Rehabilitation?

Article 181 of the Code of Civil Procedure: "The party requesting a partial amendment is given a period of one week to perform the procedural action that has been amended. If the amended action is not performed within this period, the case continues as if no amendment had been made."‘

Partial amendment of a lawsuit is commonly seen in labor cases. For example, in a labor lawsuit filed with an uncertain claim, the amount owed becomes definitive for the employee once an expert report is obtained. In this case, the employee can partially amend and increase their claims. In other words, while the legal basis and evidence remain the same, the amount claimed is increased through amendment. Therefore, partial amendment of a lawsuit is possible if the necessary fees are paid within the given timeframe.

For legal advice on this matter, please contact our expert team. Contact You can pass.

You may also be interested in the following studies:;

Address: Nergis Neighborhood, Girne Boulevard No: 83, Floor 2, Apartment 2, Karşıyaka, İzmir

E-mail: info@efeshukuk.com

Phone: +90 534 415 52 56