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Civil Procedure

The 12th Judicial Package Abolishes the Indeterminate Claim Action: A New Era for Monetary Claims

Av. Bilal KATAR · · 5 min read

Law No. 7589, in force since 31 July 2026, abolished the indeterminate claim action. In cases filed after that date, a claimant may sue for part of a receivable and increase the claim once, in the same case, until the end of the evidentiary stage.

Law No. 7589 on Amendments to Certain Laws for the Effective and Efficient Functioning of the Judiciary, publicly known as the 12th Judicial Package, was published in the Official Gazette dated 31 July 2026 (No. 33326), and most of its provisions entered into force on the same day. The Law amends many procedural rules in civil, criminal and administrative proceedings. This article summarises the changes that directly affect anyone considering a claim for payment.

1. The indeterminate claim action has been abolished. Article 107 of the Code of Civil Procedure (HMK), which governed the indeterminate claim action used where the amount of a receivable could not be fully determined when filing suit, has been repealed. This type of action, frequently used in employment and compensation claims, is no longer available for cases filed after 31 July 2026.

2. Pending cases continue under the old rules. Under the transitional provision, Article 107 continues to apply to cases filed before its repeal. Indeterminate claim actions filed before that date proceed under the former rules.

3. A one-time increase in partial claims. Under the provision added to Article 109 of the HMK, where only part of a receivable is claimed, the claim may be increased once in the same case, without being subject to the prohibition on expanding the claim, until the end of the evidentiary stage. In that case, the limitation period is deemed interrupted from the filing date for the increased portion as well.

4. Practical points. Treating the limitation period as interrupted from the filing date for the increased portion is an important safeguard for claimants. However, the right may be used only once and is no longer available after the evidentiary stage ends. Evidence that establishes the amount, such as an expert examination, should therefore be gathered fully during the evidentiary stage, and the increase made at the right time.

5. The starting date for interest on compensation clarified. Following the amendment to Article 55 of the Turkish Code of Obligations, in compensation for loss of earning capacity and loss of support, statutory interest runs from the date of the tort or damaging event for the period in which earnings are known, and from the judgment date for the period in which earnings are unknown.

6. A new method for the statutory interest rate. Under the amendment to Law No. 3095 on Statutory and Default Interest, statutory interest, previously applied at 9% per annum, will be set at eighty percent of the Central Bank of the Republic of Türkiye's rediscount rate applicable on 31 December of the preceding year. If the rediscount rate on 30 June differs from the previous rate by five points or more, eighty percent of the 30 June rate will apply in the second half of the year.

7. Shorter intervals between hearings. Under the provision added to Article 147 of the HMK, the interval between hearings may, as a rule, not exceed three months.

8. Selected changes in administrative and criminal proceedings. The monetary limit for cases heard by a single judge in administrative courts has been set at four hundred eighty-six thousand Turkish lira. In criminal proceedings, the legal remedy against decisions deferring the announcement of the verdict has been changed from objection to appeal (istinaf).

Conclusion. For new claims, the type of action, the amount claimed, the timing of any increase and the limitation periods should be determined in light of these provisions. For pending cases, it should be borne in mind that the former rules continue to apply under the transitional provision.

This article is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation.

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