Amendment of the final judgment in civil procedure law

It is essential that the trials are conducted in a healthy manner by the courts and that all claims put forward by the parties within the scope of the case are fully and completely judged. However, there are cases where the courts make incomplete decisions regarding the claims of the parties due to reasons such as carelessness, forgetfulness, negligence and overlooking in the intensity of the workload. In order to eliminate such deficiencies and to add the issues that need to be adjudicated in the final judgment of the court, the "amendment of the final judgment" added to Civil Procedure Act as a legal way by the legislator with the Article 27 of the Law on Amending the Law on Civil Procedure Act and Some Acts. According to Article 305/A of Civil Procedure Act, each of the parties may request an additional decision within one month from the notification of the final judgment, in matters that have not been fully or partially decided although it is required to be put forward in the trial or to be adjudicated spontaneously. In this study, the institution of amendment of the final judgment has been evaluated. First of all, the purpose of the amendment of the final judgment, its legal character, the similarities and differences from similar institutions such as the correction of the judgment and legal remedies were emphasized. Then, the application area of the institution of the amendment of the final judgment, the decisions that can be made on the subject of completion, the reasons for the completion, the application procedure, the judgment for the amendment of the final judgment, the decisions to be made as a result of the judgment and the remedies that can be taken against the additional decisions given were examined. In the process of preparing the study, the views in the doctrine were discussed and the court decisions were also tried to be included as widely as possible. In addition, the regulations in German, Austrian and Swiss law were used and the views in these legal doctrines were examined.