Petition for Clarification to Resolve Contradictions in the Reasoned Judgment

… TO THE PRIMARY COMMERCIAL COURT

File Reference Number: …/…

PLAINTIFF: Name and Surname – (Turkish Republic Identity Number: …) – Address
REPRESENTATIVE: Attorney's Name and Surname – Address
DEFENDANT: … Logistics and Trade Inc. – Address
REPRESENTATIVE: Attorney's Name and Surname – Address

SUBJECT: Request for correction of contradictory statements in the court decision.

EXPLANATIONS

In the case file with the above-mentioned case number, concluded on …/…/… before your esteemed court, it has become necessary to request clarification pursuant to Article 305 of the Turkish Code of Civil Procedure (HMK) due to inconsistencies in the reasoned judgment.

Namely:

1. Contradictory Statement in the Reasoned Judgment:
   In your court's reasoned judgment, regarding my client's claim for receivables, both the phrase "...partial acceptance of the claim..." and "...rejection of the case..." are used. These two statements create uncertainty in the implementation of the judgment and make its enforcement difficult.
2. Clarity of the Decision is Needed:
   Correcting contradictory statements in the relevant section of the reasoned decision is essential to ensure clarity and prevent problems that may arise in practice. According to Article 305 of the Code of Civil Procedure, decisions that may create hesitation or contain contradictory statements during execution must be clarified.
3. Legal Obligation and Basis:
   The principle of fair trial requires that decisions be drafted in a clear, understandable, and unambiguous manner. We request that your court accept our request for clarification to prevent potential problems in the execution of the decision.

EVIDENCE:

1. Reasoned decision,
2. The relevant provisions of the Code of Civil Procedure,
3. Other evidence available in the file.

CONCLUSION AND REQUEST:
For the reasons explained above;

1. The contradiction between the phrases "...partial acceptance of the request..." and "...rejection of the case..." in the reasoned decision should be resolved to clarify the decision
2. We respectfully request and demand that the reasoned decision be served to us after the correction
   

…/…/…
Plaintiff's Attorney
Name and Surname
Signature