{"id":7089,"date":"2022-01-04T09:00:00","date_gmt":"2022-01-04T06:00:00","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=7089"},"modified":"2022-01-09T10:07:11","modified_gmt":"2022-01-09T07:07:11","slug":"belirsiz-alacak-davasi-nedir","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/belirsiz-alacak-davasi-nedir\/","title":{"rendered":"What is an Unspecified Debt Collection Case?"},"content":{"rendered":"
\"Belirsiz
What is an Unspecified Debt Collection Case?<\/figcaption><\/figure><\/div>\n\n\n\n

What is an Unspecified Debt Collection Case? | Lawyer in Izmir<\/strong><\/p>\n\n\n\n

An uncertain claim lawsuit is a type of lawsuit filed for a minimum amount or value when it is impossible to determine the exact amount or value of the claim at the time the lawsuit is filed. The uncertain claim lawsuit came into effect on October 1, 2011, and is regulated as a type of lawsuit in Article 107 of the Code of Civil Procedure.<\/p>\n\n\n\n

The most important effective protection offered by uncertain claim lawsuits is that they serve procedural economy and the freedom to seek justice. However, they also aim to reduce the risk of the plaintiff incurring high litigation costs and the statute of limitations expiring. It is not possible to make a definitive classification as to when a claim is uncertain and when it is certain or ascertainable; the outcome must be determined according to the specific characteristics of each case and claim.<\/p>\n\n\n\n

Law No. 6100<\/a> According to article 107,<\/em><\/strong><\/p>\n\n\n\n

  1. If the creditor cannot be expected to determine the amount or value of the claim precisely and definitively at the time the lawsuit is filed, or if this is impossible, the creditor may file an uncertain claim lawsuit by specifying the legal relationship and a minimum amount or value.<\/li>
  2. The plaintiff may increase the claim stated at the beginning of the lawsuit without being subject to the prohibition against expanding the claim, when it becomes possible to determine the amount or value of the debt precisely and accurately as a result of information provided by the opposing party or an investigation.<\/li>
  3. Furthermore, in cases where a partial performance lawsuit can be filed, a declaratory judgment lawsuit can also be filed, and in this case, the existence of a legal interest is accepted.\u201d<\/li><\/ol>\n\n\n\n

    Conditions for Filing an Unspecified Claim Lawsuit<\/strong>:<\/strong><\/p>\n\n\n\n

    1. It is Impossible or Unexpected for the Claimant to Determine the Amount of the Claim:
      1. It is impossible to determine the outcome of the demand.<\/li>
      2. The Plaintiff Cannot Be Expected to Determine the Outcome of the Claim<\/li><\/ol><\/li>
      3. Stating the Provisional Request Outcome in the Lawsuit Petition<\/li>
      4. Definitive Determination of the Request Result<\/li><\/ol>\n\n\n\n

        Unspecified Debt Case A<\/strong>\u00e7<\/strong>What are the advantages of this?<\/strong><\/p>\n\n\n\n