UNCERTAINTY RECEIVED CASE IN BUSINESS JUDGE


ALP M., Celebi D.

JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI, vol.74, pp.83-137, 2016 (ESCI) identifier

  • Publication Type: Article / Article
  • Volume: 74
  • Publication Date: 2016
  • Journal Name: JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI
  • Journal Indexes: Emerging Sources Citation Index (ESCI), TR DİZİN (ULAKBİM)
  • Page Numbers: pp.83-137
  • Keywords: Unestimable Action of Debt, Final Claim, Credits of Employees
  • Dokuz Eylül University Affiliated: Yes

Abstract

In some situations, it is impossible to determine final claim before the hearing stage. In Turkish law, "unestimable action of debt" is adopted as a new case type to solve that kinds of problems. According to the article 107 of Civil Prosedure Code Act no. 6100, if it is impossible to expect the exact and precise determination of the worth or amount of debt in the case date by the creditor or if it is impossible to accomplish that; the creditor is allowed to sue an unestimable action of debt with determining the legal affair and minimum worth or amount. Unestimable action of debt is important for credits of employees which create problems in practice. Therefore, in our article, it will be discussed, if it is possible to sue an unesmitamble action of debt for credits of employees.