Litigation and Alternative Dispute Resolution

Author: Abdullah Bozdaş

Introduction

In general terms, the amendment of pleading is accepted as an exception to the prohibition of expanding and amending claims and defenses. With the amendment of pleading, the parties can partially or completely correct or amend the procedural actions that they could not perform due to the prohibition. Amendment of pleading is a unilateral and clear statement of will, and therefore, when the conditions are met, it can be done without depending on the acceptance of the other party or the court.

This article will examine a recent decision of the Assembly of Civil Chambers of the Court of Cassation, which has been frequently discussed by the scholars and has been the subject of many Court of Cassation’s decisions on the issue of whether a plea that the statute of limitations has expired can be implemented by amendment of pleading in cases where the response petition is not submitted in due time.

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