246 NEWSLETTER 2021 presented a statement that “the lawsuit type is an unquantified debt lawsuit” during the hearing, the existence of this statement was not accepted as sufficient to change the type of the lawsuit from a partial lawsuit to an unquantified debt lawsuit. As a matter of fact, pursuant to Article 180 of CCP, it is not legally possible to change the type of lawsuit by oral or written statement which is submitted during the trial.11 For this reason, changing the type of lawsuit with an oral statement at the hearing was not accepted in the Decision either. Conclusion The unquantified debt lawsuit, which has entered into force through CCP in 2011 and provided some advantages to the creditors, has become a type of lawsuit that is adopted and frequently preferred by all actors of the legal order. However, there were differences in views even among different Court of Cassation chambers on the requirements for filing such a lawsuit and the cases in which it can be filed. Recently, with the merger of the different chambers of the Court of Cassation that specialize in labor and social security law, it has finally become possible to achieve unity in practice. The Decision of the General Assembly of Civil Chambers that is the subject of this article, is a decision that supports this uniformity that is slowly starting to emerge in practice and will shed light on this subject for practitioners. Pursuant to the Decision, it should not be forgotten that in the case of an unquantified debt lawsuit to be filed after this date, it should be clearly stated in the petition of the lawsuit that the type of the lawsuit is an unquantified debt lawsuit, especially in order to avoid loss of rights in terms of the statute of limitations. 11 It should also be emphasized that after the closure of the 22nd CC of the Court of Cassation, the subject matters in dispute were discussed in the decisions of both Chambers and it was adopted that the type of lawsuit could not be changed by amendment of pleading. In accordance with the practice adopted by the 9th CC of the Court of Cassation, “for instance, an unquantified debt lawsuit cannot be converted into a partial lawsuit or a partial lawsuit cannot be converted into an unquantified debt lawsuit”.
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