247 CIVIL PROCEDURE LAW The General Assembly of Civil Chambers Decision on the Scope of the Prohibition of Expanding and Amending Claims and Defenses and Failure to Respond to the Complaint* Ceren Eke Introduction The judgment of the Court of Cassation GeneralAssembly of Civil Chambers dated 24.06.2021 and numbered 2017/144 E. 2021/834 K. (“Decision”) puts emphasis on the defendant’s failure to respond to the complaint, and the scope of the prohibition on expanding and amending claims and defenses, which are notions prone to controversy in Turkish law. In this article, the aforementioned Decision, the legal notions mentioned in the Decision, and the conclusion reached are discussed. The Concrete Case Subject to the Decision The case subject to review involved the collection of the compensation paid by the plaintiff to the insured pursuant to a transportation commodity insurance contract, from the defendant who is alleged to be responsible for the accident due to the fact that the tangerine commodity was completely lost as a result of a traffic accident that occurred while being transported by the vehicle belonging to the defendant. Despite the duly served notice, the defendant did not respond. The Mengen Civil Court of First Instance decided to accept the case and collect the damage from the defendant on the grounds that the defendant’s wrongful action caused the vehicle under his management to have an accident, that the accident caused the complete loss of the commodity, and that therefore, the defendant should be liable for the * Article of November, 2021
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