Actions for Unquantified Claims Abolished: What Has Changed?

What was an action for an unquantified claim?

Article 107 of the Code of Civil Procedure (Hukuk Muhakemeleri Kanunu) No. 6100 allowed a creditor, where the amount of the claim could not be fully and precisely determined when filing the action, to bring an action specifying a minimum amount and to increase the amount claimed once it became clear. This procedure was frequently used, particularly in actions concerning employment-related receivables and compensation.

What has changed?

Article 19 of Law No. 7589 repealed Article 107 of the Code of Civil Procedure (Hukuk Muhakemeleri Kanunu). The Law was published on 31 July 2026, and this provision entered into force on the date of publication.

In its place, a new paragraph was added to Article 109 of the Code of Civil Procedure (Hukuk Muhakemeleri Kanunu), which governs partial actions:

"Where an action is brought for only part of a claim, the amount claimed may be increased once in the same proceedings, until the close of the examination stage, without being subject to the prohibition on expanding the claim. In such cases, the limitation period shall also be deemed to have been interrupted as of the date the action was filed in respect of the increased portion."

What does this mean in practice?

• In new actions, part of a claim may be pursued through a partial action, and the amount claimed may be increased once before the close of the examination stage.

• As regards limitation periods, the limitation period is also interrupted as of the filing date in respect of the increased portion.

• Previously filed actions: Under paragraph (10) of Provisional Article 1 of the Law, the repealed Article 107 will continue to apply to actions filed before the date of its repeal.

Points to consider

The fact that the amount claimed may be increased "once" makes the timing and amount of the increase important. Particularly in cases requiring expert examination, the stage at which the increase should be made must be carefully assessed in terms of litigation strategy.

This article is for general information purposes and is not a substitute for legal advice.