241 CIVIL PROCEDURE LAW A Recent Decision of the Court of Cassation General Assembly of Civil Chambers on the Conditions of Unquantified Debt Lawsuits* Piraye Erdem Introduction Recently, the requirements of unquantified debt lawsuits have been subjected to the examination and review of the Court of Cassation. The Court of Cassation General Assembly of Civil Chambers, in its decision dated 07.07.2021 and numbered 2021/485 E. 2021/971 K. (“Decision”), examined whether a dispute regarding severance and notice payments and annual leave remunerations were filed as an unquantified debt lawsuit or a partial lawsuit. After the examination, the Court highlighted that the plaintiff filing a lawsuit as an unquantified debt lawsuit has to specify the type of the lawsuit as an unquantified debt lawsuit in the statement of claims. This article will examine the Decision, which is essential for unquantified debt lawsuits and also for the partial lawsuits, by comparing it with prior Court of Cassation decisions. Before examining the content and rationale of the Decision, it would be helpful to briefly explain what unquantified debt lawsuits and partial lawsuits are, and to examine the conflicting precedents on this topic, especially regarding unquantified debt lawsuits. A General Overview of Unquantified Debt Lawsuits and Partial Lawsuits Unquantified debt lawsuits, as defined in Article 107 of the Code of Civil Procedure No. 6100 (“CCP”), are where the plaintiff brings an action for an unquantified debt by demonstrating a minimum quantity or value in cases when it is objectively impossible or unreasonable to * Article of November, 2021
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