WHAT ARE THE CHANGES INTRODUCED REGARDING THE "EXTENSION AND CHANGE OF CLAIMS AND DEFENSE" IN THE CODE OF CIVIL PROCEDURE NUMBERED 6100 WITH THE LAW NO. 7251? 16 October 2020
The amendments brought to the Code of Civil Procedure in terms of “the Extension and Change of the Claims and Defense” is examined with our newsletter this week.

Many amendments have been made in the Code of Civil Procedure numbered 6100 with the Law No.7251 which published on Official Gazette dated 28.07.2020 and numbered 31199. |
We are going to examine the new regulations and changes in the Civil Procedure Law No. 6100 regarding the extension and change of the claims and defense which is one of these amendments. |
What is the Prohibition on the Extension and Change of Claims and Defense? |
The prohibition on extension of the claim and defense is a restriction regulated in our Code of Civil Procedure numbered 6100, resulting from binding the claim and defense to some procedural rules. This restriction is a rule of procedural law introduced in order to allow the parties to put forward their claims and defenses and the facts on which they are based, up to a certain jurisdiction and to continue the trial process in a healthy manner. |
How was the regulation of the Prohibition on Extension of the Claim and Defense prior to the Amendment, What were the Exceptions? |
The former provision of Paragraph 1 of Article 141 of the Code of Civil Procedure No. 6100 was as follows; |
“Article 141 – (1) The parties shall extend or change their allegations and arguments freely for the rejoinder and surrejoinder petitions; yet for the preliminary investigation phase, the express consent of the other party is required. In case that one of the parties does not attend the preliminary investigation hearing unexcused, the present party may extend or change its allegation and argument without the consent of the inattentive party. Subsequent to the conclusion of the preliminary investigation phase, the allegation or argument shall not be extended or changed. |
In accordance with this regulation, the exceptions to the above-mentioned prohibition were as follows, unlike the new regulation: In the preliminary investigation hearing, with the express consent of the other party or without the need for consent. If one of the parties does not attend to the preliminary investigation hearing without an excuse, the claim and defense were allowed to be changed or extended by the present party. |
How has the Regulation on the Prohibition on Extension of Claims and Defense Changed with the New Amendment? |
With the Regulation under the Article 15 of the Law No. 7251 Amending the Code of Civil Procedure, which entered into force after being published in the Official Gazette numbered 31199 dated 28.07.2020: |
“Article 15 - The first paragraph of Article 141 of the Law No. 6100 has been changed as follows. |
“(1) The parties may freely expand or change their claims or defenses with their rejoinder and surrejoinder petitions. After the submission of the petitions by both of the parties, the claim or defense cannot be extended or changed. " |
With this regulation, it has been regulated that the prohibition on extension of the claims and defense is going to begin at the end of the exchange of petitions. Thus, the possibility of extension and changing the claims and defense in the preliminary investigation hearing with the consent of the other party or without the consent in the case which the other party does not attribute and the judicial process is aimed to be accelerated. |
Has the Possibility on Extension or Change of the Claim and Defense Completely Eliminated with the New Regulation? |
Based on the fact that there is no amendment in Article 176 of the Code of Civil Procedure numbered 6100; it is out of the question that the elimination of the possibility of extension or change of the claim and defense completely. |
When we look at Article 176 of the Code of Civil Procedure it is seen that there is an arrangement in the form of: |
““Article 176 – (1) Each of the parties may partially or completely amend the procedural transactions it has made.” |
which means that if one of the parties wants to extend their claim or defense and if they have lost their right in this regard because they missed the period allowed in Article 141, parties can extend or change their claim and defense by applying the method of amendment of pleading and can also add the cases and facts that support these claims to the file. |
However, the point to be considered is the regulation in the second paragraph of the same article which is: "(2) In the same case, the parties can only apply to the amendment of pleading method once". For this reason, if the parties want to extend or change the claim and defense, they should be careful to use their amendment of pleading rights correctly and at the right time, considering that they can only use this right once. |
Other News
-
20.4.2021
Egemenoğlu 2021 Legal 500 EMEA Sıralamalarında 3 Farklı Alanda Öncü Hukuk Bürolarından Bir Olarak Yer Aldı! / Egemenoğlu Has Been Ranked As A Leading Law Firm In 3 Different Fields By Legal 500 EMEA 2021 Edition!
-
1.4.2021
WE ARE VERY PLEASED TO ANNOUNCE THAT WE WILL PARTICIPATE IN THE "ADVANCED ARBITRATION TRAINING FOR LAWYERS" AS AN INSTRUCTOR!
-
19.3.2021
WE ARE VERY PLEASED TO ANNOUNCE THAT WE WILL BE PARTICIPATING IN THE ISTANBUL WILLEM C. VIS INTERNATIONAL COMMERCIAL ARBITRATION PRE-MOOT AS AN ARBITRATOR
-
26.2.2021
WOMAN, BUSINESS AND LAW / 2021
We are proud to make a contribution on Women, Business and the Law 2021 report published by World Bank Group. It is the seventh in a series of reports that provide objective measures of legal and regulatory barriers to women’s entrepreneurship and employment in 190 economies. Amidst a global pandemic that threatens progress toward gender equality, the report identifies barriers to women’s economic participation and encourages reform of discriminatory laws. This year, the study also includes important findings on government responses to the COVID-19 crisis and pilot research related to childcare and women’s access to justice. The website allows for comparisons of the data at both the indicator and economy levels. https://lnkd.in/dUPCvjK
-
16.2.2021
What Are The Impact Of “Digital Inheritance” On Heritage And Inheritance?
Today, rapidly developing technology brings about change in all areas of law. Although our lives get easier with the development of new technologies, since the new concepts and institutions brought by technology have not been defined in the legal world, these concepts and institutions have been causing discussions.
-
9.1.2021
THE LIMITS OF UNFAIR COMPETITION BY DENIGRATING UNDER THE LIGHT OF THE JUDGEMENT OF THE GENERAL ASSEMBLY OF CIVIL CHAMBERS OF SUPREME COURT
-
4.1.2021
COMMUNIQUE ON THE PROCEDURES AND PRINCIPLES RELATING TO THE APPLICATION OF ARTICLE 376 OF THE TURKISH COMMERCIAL LAW NO 6102 HAS BEEN CHANGED!
-
24.12.2020
NEW REGULATION ON PROCESSING OF PERSONAL DATA IN ELECTRONIC COMMMUNICATIONS SECTOR PUBLISHED
-
23.12.2020
CLIENT ALERT FOR THE TURKISH COMPANIES ON RENEWABLE ENERGY SECTOR AND CURRENT ISSUES RELATED TO RENEWABLE ENERGY SECTOR IN UKRAINE
-
13.11.2020
WHAT IS THE MONETARY LIMIT REGARDING THE SIMPLIFIED PROCEDURE APPLIED IN COMMERCIAL CASES?
The monetary limit on commercial cases subject to the simplified trial procedure has been rearranged with the Law No. 7251, which entered into force on 28.07.2020. What does this amendment bring to our procedural law?
-
10.11.2020
AFTER SALES SERVICES REGULATION, INTRODUCTION AND USER MANUAL REGULATION AND WARRANTY CERTIFICATE REGULATION HAVE BEEN CHANGED
-
6.11.2020
THE PRELIMINARY INJUCTION AND PRECAUTIONARY ATTACHMENT WHICH ARE PRONOUNCED IN THE PRESENCE OF PARTIES
Is it possible to apply for an appeal within the framework of the new HMK against the preliminary injunction and precautionary attachment decisions which are pronounced in the presence? What has changed with the new HMK?
-
30.10.2020
WHAT ARE THE AMENDMENTS INTRODUCED REGARDING THE “SUBMISSION AND EVIDENTIALITY OF COMMERCIAL BOOKS?
-
23.10.2020
WHAT DOES THE NEW HMK SAY ABOUT "AMENDMENT OF PLEADING AFTER THE REVERSAL"?
A groundbreaking change has taken place that will put an end to the controversies that have been going on for decades regarding the "Amendment of Pleading After Reversal Decision" regulation of the HMK. In this newsletter, we are going to examine what the new regulation brings.
-
20.10.2020
THE GUIDELINE ON EXAMINATION OF DIGITAL DATA DURING ON-SITE INSPECTIONS IS PUBLISHED