245 CIVIL PROCEDURE LAW other respects, in the Decision, the Court highlighted the fact that the unquantified debt lawsuit is an exceptional lawsuit type, and that an intention to file such a suit should be expressly specified in the statement of claims. Additionally, it decided that the plaintiff’s statements during the hearing were not sufficient to consider the case to be an unquantified debt lawsuit, and that it was not possible to change the type of the lawsuit in this way. The most significant and remarkable part of the Decision is the rationale of the General Assembly of Civil Chambers rejecting the request to file an unquantified debt lawsuit. In the Decision, it did not discuss in detail whether the receivable was unquantified or not; instead, it emphasized that while filing an unquantified debt lawsuit, an explicit specification concerning the lawsuit type is required. In other words, the General Assembly of Civil Chambers has envisaged another condition in addition to the conditions stipulated in the law for the unquantified debt lawsuit. Therefore, it can be concluded that in all lawsuits to be filed as unquantified debt lawsuits from now on, stating this issue clearly in the lawsuit petition is a new condition. An essential point about partial lawsuits was also repeated in the Decision. That is to say, the GeneralAssembly of Civil Chambers rightfully considered the phrase “without prejudice to our rights regarding the surplus” as a declaration of filing a partial lawsuit. By referring to prior General Assembly of Civil Chamber’s decision,10 the General Assembly stated that if it is understood from the explanations in the petition of the lawsuit that the plaintiff has more receivables and there is a statement in the claim section stating “I am suing for this much for now,” this would be sufficient for the case to be accepted as a partial lawsuit. In this respect, it concluded that it is not obligatory to clearly state the type of case in the petition when filing a partial lawsuit. On the other hand, it is obligatory to state this matter in the petition of the lawsuit without any hesitation at the time of filing an unquantified debt lawsuit. Additionally, an essential point about changing the type of lawsuit was emphasized in the Decision. Although the plaintiff’s attorney 10 The decision of the Court of Cassation General Assembly of Civil Chambers, No.2003/4-260 E., 2003/271 K., 02.04.2003.
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