Correction of factual errors in Civil Procedure Law (Article 183 of the Code of Civil Procedure)

In accordance with Article 183 of the Code of Civil Procedure numbered 6100, clear spelling and calculation errors made by the parties or the courts in the documents in the case file may be corrected in a trial. There is a clear factual error if it is clear enough to leave no room for doubt that said error in writing or calculation that became a current issue in the trial is untrue. With the correction of factual errors, it is aimed to make the transaction correct by allowing the correction of documents with clear errors in writing or calculation. Civil procedure law is a form of law that aims to reach the material truth, establish legal security and make a fair decision. The annulment of the procedural action made just because of a clear error in writing or calculation is envisioned as a strict formalism and by avoiding rigid formalism this procedural action is enabled to be corrected. This is also a requirement of the principle of procedural economy regulated in Article 141/5 of the Constitution and Article 30 of the Code of Civil Procedure. In this study, the institution of correction of factual errors has been examined, within the confines of the provision of Article 183 of the Law. The existence of applications that expand the concept of factual error in judicial decisions and contradictions and inconveniences that may arise due to delays in correcting factual errors on the spot in appellate or review, increase the need for us to address this issue.