The amending law published in the Official Gazette (Resmî Gazete) on 31 July 2026 repealed the unquantified claim and declaratory lawsuit (belirsiz alacak ve tespit davası) regulated in art. 107 of the Code of Civil Procedure (HMK). The amendment entered into force on the day of its publication.
This type of lawsuit was widely used for claims whose exact amount could not be known when the lawsuit was filed, in particular employee claims, compensation for traffic accidents and loss of value.
What replaced it?
The same amending law added a new fourth paragraph to HMK art. 109 (partial claim / kısmi dava). Under it:
- Where only part of a claim is sued for, the claim may be increased once only, in the same lawsuit.
- The increase may be made until the end of the evidence-taking stage (tahkikat).
- The increase is not caught by the prohibition on expanding the claim; neither the other party’s consent nor an amendment of pleadings (ıslah) is required.
- The limitation period is deemed interrupted from the date of the lawsuit for the increased portion as well.
What changes in practice?
1. The right to increase can be used only once. Because the increase can be made only once, it should not be made before the expert report showing the actual amount of the claim has been received. An increase made too early may prevent the difference that emerges after the report from being claimed in this lawsuit.
2. Rights to the remainder should be reserved. Filing a partial claim does not mean waiving the remaining part (HMK art. 109(3)). Even so, it is important to state expressly in the statement of claim that rights to the excess are reserved.
3. Existing lawsuits are not affected. In lawsuits filed as unquantified claim lawsuits before 31 July 2026, HMK art. 107 continues to apply.
For employees and employers
New lawsuits for claims such as severance pay, overtime and annual leave pay will now be filed as partial claims. The mandatory mediation requirement remains. If no agreement is reached in mediation, the lawsuit should be filed as a partial claim and the increase should be made after the expert report.
This article is for general information only and is not legal advice. For your specific situation, please seek advice from a lawyer.