Correction And Revision Of The Judgment
Article 304 of the Code of Civil Procedure, titled “Correction and Revision of the Judgment”;
ARTICLE 304 – (1) Clerical and accounting errors and other similar clear errors in the judgment may be corrected by the court ex officio or upon the request of one of the parties. If the judgment has been served, the judge cannot correct the error without hearing the parties. If the parties do not appear upon the invitation, a decision may be made by examining the file.
(2) In the event that a correction decision is made, the decision regarding the corrected matters shall be written, signed and sealed under the copies in the court and the copies given or on a separate paper to be attached to them.
ARTICLE 305- (1) If the judgment is not sufficiently clear, or if it causes doubt in its execution, or if it contains contradictory paragraphs, each party may request that the judgment be clarified or the doubt or contradiction be eliminated until its execution is completed.
(2) The rights granted and obligations imposed on the parties in the paragraph of the judgment cannot be limited, expanded or changed by way of amendment.
Pursuant to the first paragraph of Article 305 of the CCP No. 6100, the meaning of the amendment is possible in the event that the provision is not sufficiently clear, there is a hesitation in its execution or it contains contradictory paragraphs. In the second paragraph, the rights granted to the parties and the obligations imposed on the parties in the judgment paragraph cannot be limited, expanded or changed by way of amendment. A matter that can be examined through appeal cannot be corrected by way of re-trial as a result of retrial. Tawzih is only applicable to the paragraph of the judgment. For this reason, it is not possible to apply for the explanation of the reasoning of the judgment. However, if there is a doubt between the paragraph of the judgment and the reasoning, it is possible to apply to the court for the elimination of this contradiction. In particular, it is also possible to apply to the Court of Cassation decisions. Here, it is not necessary for the judgment to be finalized in order to apply for an appeal. For the decisions that have not been finalized, it is possible to apply for an appeal until the execution (fulfillment) of the judgment. It is important to note that the appeal period does not stop with the filing of a request for an amendment. Even after the execution of the judgment, it is possible to request an amendment of the judgment until the judgment is fully executed. The judgment can only be amended by the court that rendered it, therefore the enforcement offices do not have the right to amend the judgment. The judge cannot decide on the forgotten requests in the judgment and add them to the judgment by way of amendment. Likewise, the judge cannot make a decision about the attorney fee or interest that he/she forgot while making the judgment and add it to the judgment. Likewise, the contradiction between the short judgment and the reasoned judgment cannot be resolved by way of a retranslation.