第6459号行政审判法修改后部分诉讼的可能性

Halil Yolal
{"title":"第6459号行政审判法修改后部分诉讼的可能性","authors":"Halil Yolal","doi":"10.54049/taad.1183549","DOIUrl":null,"url":null,"abstract":"Partial lawsuit, which is one of the types of lawsuits organized in private law proceedings, is the filing of a lawsuit by demanding a certain part of the entire claim or right arising from the same legal relationship. With this type of lawsuit, which existed at the time of the Code of Civil Procedure (No. 1086) but was explicitly regulated for the first time with Article 109 of the Code of Civil Procedure (No. 6100), the plaintiffs indirectly establish the determination of the second lawsuit with the judgment they receive for the part that is the subject of the first lawsuit. \nIn lawsuits filed in private law in this way, the plaintiffs have the opportunity to increase the results of their claims, without the need to open a second lawsuit, with the possibility of correction if they wish. Although such a lawsuit is not explicitly included in Article 2 of the Code of Administrative Procedure, the amount increase regulation in full remedy lawsuits, which was put into effect with the amendment made in Code of Administrative Procedure Article 16/4 with the Law No. 6459, it is possible to sue a part of the damage in administrative jurisdiction and then to increase the amount.","PeriodicalId":106262,"journal":{"name":"Türkiye Adalet Akademisi Dergisi","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Possibility of Partial Lawsuit After The Amendment of Law No. 6459 in Administrative Jurisdiction\",\"authors\":\"Halil Yolal\",\"doi\":\"10.54049/taad.1183549\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Partial lawsuit, which is one of the types of lawsuits organized in private law proceedings, is the filing of a lawsuit by demanding a certain part of the entire claim or right arising from the same legal relationship. With this type of lawsuit, which existed at the time of the Code of Civil Procedure (No. 1086) but was explicitly regulated for the first time with Article 109 of the Code of Civil Procedure (No. 6100), the plaintiffs indirectly establish the determination of the second lawsuit with the judgment they receive for the part that is the subject of the first lawsuit. \\nIn lawsuits filed in private law in this way, the plaintiffs have the opportunity to increase the results of their claims, without the need to open a second lawsuit, with the possibility of correction if they wish. Although such a lawsuit is not explicitly included in Article 2 of the Code of Administrative Procedure, the amount increase regulation in full remedy lawsuits, which was put into effect with the amendment made in Code of Administrative Procedure Article 16/4 with the Law No. 6459, it is possible to sue a part of the damage in administrative jurisdiction and then to increase the amount.\",\"PeriodicalId\":106262,\"journal\":{\"name\":\"Türkiye Adalet Akademisi Dergisi\",\"volume\":\"1 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-10-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Türkiye Adalet Akademisi Dergisi\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.54049/taad.1183549\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Türkiye Adalet Akademisi Dergisi","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.54049/taad.1183549","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

部分诉讼是私法诉讼中组织的诉讼类型之一,是对同一法律关系所产生的全部债权或权利的某一部分提出诉讼。这种诉讼在《民事诉讼法》(第1086号)时期就已存在,但在《民事诉讼法》(第6100号)第109条中首次明确规定,原告以对第一次诉讼主体部分的判决间接确立了对第二次诉讼的认定。在以这种方式在私法中提起的诉讼中,原告有机会增加其索赔的结果,而无需提起第二次诉讼,如果他们愿意,还有可能进行纠正。虽然《行政诉讼法》第2条并未明确规定此种诉讼,但《行政诉讼法》第6459号法对《行政诉讼法》第16/4条进行修改后实施的全救济诉讼中数额增加规定,可以在行政管辖范围内对部分损害提起诉讼,然后再增加数额。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
查看原文
分享 分享
微信好友 朋友圈 QQ好友 复制链接
本刊更多论文
Possibility of Partial Lawsuit After The Amendment of Law No. 6459 in Administrative Jurisdiction
Partial lawsuit, which is one of the types of lawsuits organized in private law proceedings, is the filing of a lawsuit by demanding a certain part of the entire claim or right arising from the same legal relationship. With this type of lawsuit, which existed at the time of the Code of Civil Procedure (No. 1086) but was explicitly regulated for the first time with Article 109 of the Code of Civil Procedure (No. 6100), the plaintiffs indirectly establish the determination of the second lawsuit with the judgment they receive for the part that is the subject of the first lawsuit. In lawsuits filed in private law in this way, the plaintiffs have the opportunity to increase the results of their claims, without the need to open a second lawsuit, with the possibility of correction if they wish. Although such a lawsuit is not explicitly included in Article 2 of the Code of Administrative Procedure, the amount increase regulation in full remedy lawsuits, which was put into effect with the amendment made in Code of Administrative Procedure Article 16/4 with the Law No. 6459, it is possible to sue a part of the damage in administrative jurisdiction and then to increase the amount.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
期刊最新文献
The Legal Situation of Unaccompanied Minors in Turkish Law The Authority of ICSID Tribunals for Suspension of Turkish Criminal Proceedings CEZAYA DEĞER HAKSIZLIĞIN FORMEL TESPİTİNDE PARÇA HAREKET TEORİSİ (TEIL-/ZWISCHENAKTSTHEORIE) VE HUKUKUMUZ BAKIMINDAN UYGULANABİLİRLİĞİ Evaluation of Provisions of Article 15 of the Cadastre Law Titled Partition and Partial Acaustion within the Framework of the Principle ANAYASA MAHKEMESİNİN TMK m. 187’NİN İPTALİNE İLİŞKİN KARARININ ANALİZİ VE DÜZENLEME ÖNERİSİ
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
已复制链接
已复制链接
快去分享给好友吧!
我知道了
×
扫码分享
扫码分享
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1