Waiver of Lawsuit
SUMMARY: Waiver of the lawsuit has the consequences of a final judgment. Waiver of the lawsuit can be made until the decision is finalized. Waiver of the lawsuit does not depend on the acceptance of the other party. If the waiver is made at the appeal stage, the file is sent to the local court.
23rd Civil Chamber of the Court of Cassation
E. 2020/19 K. 2020/2614 T. 04.09.2020
After the decision was appealed by the defendant's counsel, the plaintiff's counsel waived the lawsuit. Pursuant to Article 311 of the CCP No. 6100, the waiver has the consequences of final judgment and is not dependent on the acceptance of the other party pursuant to Article 309/2 of the same Law. On the other hand, pursuant to Article 310 of the same Law, waiver of the lawsuit is possible at any stage until the decision is finalized.
According to the 3rd paragraph added to Article 310 of the CCP with Article 29 of the Law No. 7251, which entered into force on 28.07.2020, “If the waiver or acceptance is made after the file is sent for appellate review, the Court of Cassation shall send the file to the court that issued the judgment for an additional decision on the waiver or acceptance without conducting an appellate review”.
In this respect, it has been decided to send the file to the local court in order to make an additional decision regarding the will of the plaintiff's attorney to waive the lawsuit.
CONCLUSION
For the reasons explained in subparagraph (1) above, it was unanimously decided on 04.09.2020 to send the case file to the local court.
Research & Analysis
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Case Waiver - Question & Answer
Waiver of the lawsuit, the plaintiff voluntarily withdraws from the lawsuit means. Final judgment gives birth and does not depend on the acceptance of the other party.
Waiver of the lawsuit is possible at any stage until the decision is finalized. That's it, at the first instance, appeal and cassation stages It can be done.
Pursuant to the amendment made by Law No. 7251, if waived at the appeal stage, the Court of Cassation sends the file back to the local court without conducting an appellate review. Local court issues an additional decision on the waiver.
No. Waiver of the lawsuit, because it is a final judgment It is not possible to reopen a case on the same issue.