ERDEM-NEWSLETTER-2018-metin

276 NEWSLETTER 2018 • The Decision on Unification of Judgments dated 28.04.1959 and numbered 1957/13 E., 1959/5 K. rules that the examina- tion restarts after the reversal, the reason being that “after a verdict has been reversed for any reason whatsoever by the court of appeal, the case reverts to the court process through the court of first instance’s observance; therefore, the civil procedure is yet to be finished.” As a result, the amendment may be filed prior to the end of the investigation phase accor- ding to Article 177/1 of the CCP. • Thus, the philosophy in the civil procedure has changed. For instance, the ban on the expansion and alteration of claim and defense starts with the exchange of first round petitions, i.e. pleading and response, according to the fCCP, while it starts with the exchange of second round petitions, i.e. rebuttal and rejoinder, according to the CCP. In addition, the CCP grants the right of expansion and alteration of claim and defense to the party who attends the preliminary examination hearing in the absence of the other party. • After the DUJ, fundamental legislative changes, such as the 1961 Constitution, 1982 Constitution, and CCP were made. Further, the European Convention on Human Rights, whose binding nature was accepted through Article 90 of the Tur- kish Constitution, has brought principles, such as the right to be tried within a reasonable time, and the right of access to a court. Legislative amendments and these recent principles should be, therefore, taken into consideration. • The provision in the last sentence of Article 87 of the fCCP that prevents the increase on the value of the case by amend- ment, and which was in force when the DUJ was taken, was abolished by the decision of the Constitutional Court dated 20.07.1999 and numbered 1999/1 E., 1999/33 K. It is, inde- ed, within the knowledge of all Chambers of the Court of Cassation that injustices arise when accepting that an incre- ase, on the value of the case by amendment, is not possible after a reversal. For instance, if a plaintiff appeals a court’s verdict on a tort case where he is found to be 50% at fault,