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ARTICLE · 08 JUNE 2021

Limit Of Unappealability In Partial Litigation And Unquantified Debt Lawsuits

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An unquantified debt is regulated under article 107 and a partial lawsuit is regulated for the first time, under article 109 of Civil Procedure Law numbered 6100.

TurkeyLitigation, Mediation & Arbitration
Kübra Çalişkanöztürk
Kübra Çalişkanöztürk
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ABSTRACT

An unquantified debt is regulated under article 107 and a partial lawsuit is regulated for the first time, under article 109 of Civil Procedure Law numbered 6100. In this study, the conditions of an unquantified debt lawsuit and the legal problems caused by a lawsuit filed before these conditions were met examined; the problems encountered in practice on how to determine the difference between an unquantified debt lawsuit and a partial lawsuit are emphasized.

Legal Nature of Unquantified Debt Action

1. Concept

The term "action for performance" means a plaintiff demands that the defendant be ordered to do or not to do, or else refrain from doing something. An unquantified debt is also considered within the scope of the action for performance because the creditor convicts the debtor to a debt based on an assignment.1

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