SOME PROBLEMS ABOUT PARTIAL ACTION IN LIGHT OF JURISPRUDENCE

The partial cases hold a considerably large place in the executions of the court of appeals. Acceptance of the part that relate to ascertainment of legal relationships in partial cases, is binding in terms of partial cases, would prevent making contradictory judgements in similar cases. Even if the experts calculation of the owed amount report is accepted as being primary in the judgement, it would not be binding in terms of being a discretionary proof in partial cases. In order to identify the time when the interest will start, it must be noted to see whether or not the debtor/defendant is in default. If the defendant is not in default prior to the case, the case date will be considered as default date in terms of the part which is the subject of the partial case. If the remaining part is claimed in the same case by way of rectification; the rectification date, if it is the subject of another case; the case date will be accepted. If the partial case is rectified without an indication of interest the calculation will be based on the interest rate indicated on the partial case filing bill. The rectification of the partial case after the legal examination can occur if the right of rectification is not used in the first step of judgement and in the scope of defiling for a new judicial inquiry.