Yargıtay 13. Hukuk Dairesi 2013/21954 Esas 2013/28156 Karar Sayılı İlamı

     Özet:

A court decision was taken regarding the lawsuit between Hiz. Ltd. Şti's attorney and the attorney of the opposite party, which was confirmed by the decision of the 6th Civil Court of First Instance on January 31, 2012, with the decision of the 1st Legal Chamber on April 1, 2012. The plaintiff's attorney requested a correction of the decision within the legal period, however, the request was rejected due to not complying with any of the reasons listed in Article 440 of the Code of Civil Procedure. According to Article 442 of the same law, a penalty of 220.00 (two hundred and twenty) Turkish Lira was imposed on the plaintiff's attorney for requesting a correction.
Article 440: Correction of the decision can be requested in cases where there are calculation errors, clerical errors or similar obvious errors in the decision, and if the decision is based on a document which is later proven to be fake or null.
Article 442: If the request for correction is rejected because it does not comply with the reasons listed in Article 440, a penalty of up to 220.00 Turkish Lira can be imposed on the party requesting the correction.