Unestimable Action of Debt (HMK m. 107) and the Applicability of HMK m. 107 for Basic Credits of Employees

Abstract

Final claim is one of the compulsory elements of statement of claim. If the final claim is missed in the statement of claim, juge allows definite time to claimant for completing the lack of final claim. If the claimant does not complete, the case becomes null. In some cases, before the hearing stage, it is impossible to determine final claim. In türkish law, “unestimable action of debt” is adopted as a new case type, with the object of solving that kind of problems. Article 107 of Türkish Civil Procedure Code says that, if it is impossible to expect the exact and precise determination of the worth or amount of debt in the case date by the creditor or if it is impossible to accomplish that; the creditor is allowed to sue an unestimable action of debt with determining the legal affair and minimum worth or amount. In our article, it will be discussed, if it is possible to sue an unestimable action of debt for the damages and credits of employees.