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Partial reclamation in full remedy actions

2023
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Advisor: Prof. Dr. Gürsel Kaplan

Abstract (EN)

In terms of full remedy cases, which is one of the types of cases envisaged in the administrative procedure, in the Code of Administrative Procedure Law No. 2577, it is necessary to specify the amount in dispute. However, sometimes this amount cannot be determined precisely. In this case, there was no regulation in the administrative procedure that allowed the amount of demand to be increased, unlike the civil procedure. For this reason, in order to prevent the loss of rights, with the Law No. 6459 on Amending Some Laws in the Context of Human Rights and Freedom of Expression and the Law No. 2577 on the Administrative Judgment Procedure, the arrangement of reclamation, which is a necessity for our administrative justice system, has taken its place in the law. In this study, firstly full remedy cases and the concept of the responsibility of the administration, which is the basis of these cases, will be the basis of the study, and then the prohibition of changing the claim and defense will be examined in terms of administrative trial procedure and civil trial procedure. In the last part, after the appearance of the arrangement of reclamation in the civil procedure, the reclamation process in the administrative trial procedure and the current problems and needs will be examined with jurisprudence. Keywords: Full remedy action, Matter in dispute, Reclamation, Prohibition of changing or expanding the claim and defense, Principle of ex officio examination.

Author

Dr. Nisa Elçin Yusufoğlu

How to Cite

Nisa Elçin Yusufoğlu (Master Thesis). Partial reclamation in full remedy actions, 2023, Dicle University.

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