250 NEWSLETTER 2021 Prohibition of Expanding and Amending Claims and Defenses Art. 141 of CCP titled “Expanding or amending the claim and defense” has been amended with Art. 15 of the Law numbered 7251 dated 28.07.2020. The first paragraph of the article before the amendment is as follows: “The parties may expand or change their claims or defenses freely with the reply and rejoinder petitions, but only with the express consent of the other party if in the preliminary examination phase. If one of the parties does not come to the preliminary examination hearing without an excuse, the arriving party may expand or amend its claims or defenses without the consent of the other party. The claim or defense cannot be extended or amended after the preliminary examination phase has been completed.3” The Decision states that for a defendant who is deemed to have denied case because they did not respond within time limit, an assertion or explanation of an issue that is included in the content of an existing fact does not mean that a new fact is put forward. The General Assembly of Civil Chambers emphasis that it is possible for the defendant to show counter-evidence to prove that the facts asserted by the plaintiff in the lawsuit petition are not true; however, that new facts cannot be brought forward under the pretext of showing counterevidence, as this would be an extension of the defense. The General Assembly of Civil Chambers also underlines that it is necessary to make a distinction in terms of defense and objections. While defenses are the defendant’s right to refrain from fulfilling an action for a specific reason, objections are the facts that prevent the birth of a right or require its termination.4 Objections must be taken into account by the judge as it is understood from the file. Likewise, the Decision emphasizes that the objections that are included in the case file and that are among the case materials, are not an extension of the defense. 3 Translated by the author. 4 Pekcanıtez, p. 1208-1209.
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