With its decision dated 8 May 2026 (E.2021/8, K.2026/1), the Court of Cassation General Assembly of the Unification of Judgements (the “Assembly“) resolved a conflict among the civil chambers regarding whether a claim not included in the statement of claim may be introduced into the proceedings by way of partial amendment (kısmi ıslah).
The decision emphasized that the statement of claim is the fundamental procedural instrument that defines the scope of the proceedings and the boundaries of the dispute, and that the claimant is therefore required to set out the relief sought clearly in the statement of claim. The Assembly also noted that partial amendment serves to correct an existing procedural act or to increase or expand a claim already contained in the statement of claim. However, raising a new claim that has not previously been the subject of the case through amendment would exceed the purpose of the partial amendment mechanism and would, in effect, amount to filing an additional lawsuit.
The decision further emphasized that the preliminary examination stage is a significant procedural phase that determines the issues in dispute and the scope of the evidentiary examination. The Assembly observed that the parties shape their procedural acts -such as submitting evidence, naming witnesses, and requesting expert examination- by reference to the disputed issues identified at the preliminary examination stage, and that adding a new claim by way of amendment after this stage could fundamentally alter the proceedings and unnecessarily prolong them, with adverse consequences for the right to a trial within a reasonable time and the procedural economy. On this basis, it was held, by majority, that a claim not included in the statement of claim cannot be introduced into the case through partial amendment.
The full text of the decision can be accessed via the link below.