Possibility of Partial Lawsuit After The Amendment of Law No. 6459 in Administrative Jurisdiction

Abstract

Partial lawsuit, which is one of the types of lawsuits organized in private law proceedings, is the filing of a lawsuit by demanding a certain part of the entire claim or right arising from the same legal relationship. With this type of lawsuit, which existed at the time of the Code of Civil Procedure (No. 1086) but was explicitly regulated for the first time with Article 109 of the Code of Civil Procedure (No. 6100), the plaintiffs indirectly establish the determination of the second lawsuit with the judgment they receive for the part that is the subject of the first lawsuit. In lawsuits filed in private law in this way, the plaintiffs have the opportunity to increase the results of their claims, without the need to open a second lawsuit, with the possibility of correction if they wish. Although such a lawsuit is not explicitly included in Article 2 of the Code of Administrative Procedure, the amount increase regulation in full remedy lawsuits, which was put into effect with the amendment made in Code of Administrative Procedure Article 16/4 with the Law No. 6459, it is possible to sue a part of the damage in administrative jurisdiction and then to increase the amount.