242 NEWSLETTER 2021 specifically determine the amount of the receivable.1 The plaintiff can file an unquantified debt lawsuit by specifying the portion of the receivable that can be determined and the legal relationship. When it becomes possible to determine the amount or value of the receivable fully and precisely due to the information provided by the other party or after the inquiry, the plaintiff will have the opportunity to increase its claim without being subjected to the ban on the expansion of the claim. In cases where the receivable amount is not certain, it is understood that an unquantified debt lawsuit is often preferred in practice, since it eliminates the risks that the plaintiff may face and provides an advantage in terms of the statute of limitations. The partial lawsuit defined under Article 109/1 of CCP, on the other hand, allows only a part of the receivable to be asserted through a lawsuit, in receivables where the subject of the claim is divisible by nature.2 Whether a lawsuit can be qualified as a partial lawsuit can only be understood from the petition of the lawsuit and the claim.3 In addition, the plaintiff who files a partial lawsuit pursuant to article 109/3 of CCP does not waive the remaining portion of the claim unless the plaintiff’s rights are explicitly waived while filing a lawsuit. Different Views of Court of Cassation Chambers For many years, disputes arising from employment claims were evaluated differently by two chambers of the Court of Cassation which adopted opposite views even regarding the same or similar subjects. For instance, if employment claims are subjected to an unquantified debt lawsuit but the claim is specified or specifiable, the 9th Civil Chamber of the Court of Cassation considered this matter as a procedural prerequisite. In this regard, the chamber in question adopted a view which prefers to maintain the lawsuit by providing an additional period of time to the plaintiff to declare the requested amount and to pay the missing fee, and by giving the opportunity to complete the de1 Postacıoğlu, İlhan E. / Altay, Sümer: Medeni Usul Hukuku Dersleri, Vedat Kitapçılık, İstanbul 2020, p. 242 and Kuru, Baki: Medeni Usul Hukuku El Kitabı, Yetkin Yayıncılık, 2020, p. 428. 2 Postacıoğlu, / Altay, p. 240. 3 Pekcanıtez, Hakan / Atalay, Oğuz/ Özekes, Muhammet: Medeni Usul Hukuku Ders Kitabı, On İki Levha Yayıncılık, İstanbul 2020, p. 2020.
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