Insolvency and Restructuring

Author: Gülnur Çakmak

Introduction

The Court of Cassation General Assembly of Civil Chambers and the Chambers of the Court of Cassation both issued opinions on whether a lawsuit filed for not due receivables should be dismissed with or without prejudice by the court on the grounds that the time of performance has not yet come, and whether the attorney’s fee in such a case should be fixed or proportional. Unfortunately, the Courts reached different decisions on these matters. Accordingly, the matter was taken up by The Court of Cassation General Assembly on the Unification of Case Law (“Assembly”).

In its decision dated 18.02.2022 and numbered 2019/5 E., 2022/1 K (“Decision”), the Assembly resolved this split, holding that in a lawsuit filed for a receivable that has not come due to performance, the court should dismiss the case without prejudice on the grounds that the time for performance has yet not come. In this article, the concepts, the differences of opinion, and the reasoning of the Decision are examined.