Completion of the Provision in Civil Procedure Law

In our law, there are institutions of correction for the correction of material errors and the explanation of unclear or contradictory statements after the court gives a verdict and withdraws from the file. With the HMK article 305/A, the institution of completing the provision has been added to eliminate the deficiencies in the provision. In fact, the institution of the completion of the judgment is not foreign to our law, and with the completion of the judgment against the judgment rendered by the arbitrators in the arbitration proceedings, complementary decisions may be requested in the matters that have not been decided despite the fact that it was brought forward during the proceedings (HMK article.437). Therefore, in Turkish law, the institution of completion of the judgment has been in existence since 1 October 2011, when HMK No. 6100 came into force. With the addition of Article 305/A to the HMK with Article 27 of the Law. It is essential that the trials are conducted in a healthy manner by the courts and that all the claims put forward by the parties within the scope of the case are fully and completely adjudicated . 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 overlooked due to the workload. To eliminate such deficiencies and to include the need to be passed on judicially in the final decision, the legislator has added the "completion of the judgment" way to the HMK with Article 27 of the Law No. 7251 on the Amendment of Civil Procedures and Some Laws. Law of Civil Procedure art. Completion of the provision in 305/A is foreseen in its regulation.