What is the Exchange of Proposals?

What is the Exchange of Drafts? | Legal Information | Legal Dictionary | Law Firm | Lawyer in Izmir

What does "Exchange of Drafts" mean?

draft

(la:yiha, the 'l' is pronounced softly), Arabic lāyiḥa

1. name, archaic A written piece expressing an opinion or thought on a particular subject:
      “He wouldn't even come to Istanbul, using excuses like, "I have reports and proposals to write." Abdülhak Şinasi Hisar

2. noun, archaic, law Design.

teati

noun, archaic, (tea:ti:), Arabic teʿāṭī

Mutual giving and receiving.

The exchange of petitions, which can also be described as the stage of giving and receiving petitions, and is referred to in practice as the exchange of briefs, Law No. 6100 on Civil Procedure This refers to the petition process between the plaintiff and the defendant. This process begins with the statement of claim, continues with the statement of answer, and concludes with the submission of replies and corrections. The preliminary examination process begins after the exchange of pleadings is complete.

Expanding the Claim and Defense

Article 141 of the Code of Civil Procedure states that claims and defenses can be expanded through the exchange of pleadings. Once the submission of pleadings is complete, the prohibition against expanding claims and defenses will apply. As an exception to this rule, it is possible to expand claims and defenses through amendment or with the explicit consent of the opposing party after the exchange of pleadings is completed.

Article 141- (1) The parties may freely expand or change their claims or defenses with reply and second reply petitions. Claims or defenses cannot be expanded or changed after the mutual exchange of petitions. (2) The provisions regarding amendment and the explicit consent of the opposing party are reserved for expanding and changing claims and defenses.

Code of Civil Procedure

Key Stages of the Case

• Filing the Lawsuit
• Exchange of Petitions
• Preliminary Review
• Investigations
• Oral Trial
• Provision
• Legal Remedies
• Final decision

Court Decisions

Supreme Court of Appeals, General Assembly of Civil Law Decision No: 2014/13-856, K: 2016/523

“In order for the trial to be completed efficiently and within a reasonable time, the presentation of evidence is limited to the exchange of pleadings (claim, answer, reply to the answer, and second reply) stage. Accordingly, it is not possible to grant a new period of time to a plaintiff or defendant who does not present any evidence during the exchange of pleadings stage to present their evidence at the preliminary hearing.”

Supreme Court 10th Civil Chamber, Case No. 2016/16711, Decision No. 2019/1338.

To win a lawsuit, it is not enough to present an abstract or general claim. These claims must also be made concrete, demonstrably verifiable, and substantiated in terms of time, place, and context. At the very least, concrete information and explanations must be presented to allow for investigation of the claim. Once the claim is substantiated, the judge and the opposing party can base their defense and proceedings on it. It is impossible to make assessments based on abstract claims and facts. The burden of substantiation is, in general, part of the parties' duty to explain and manifests itself during the exchange of pleadings. The burden of substantiation also applies in cases where the principles of simplified proceedings and ex officio investigation are applied.

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