THE EFFECTS OF THE PLEA FOR REDUCTION IN CIVIL PROCEDURE LAW (THOUGHTS ON CONSTRUCTIONAL EFFECTS OF ORDER FOR SPECIFIC PERFORMANCE)

Some legal transitions of the legator (e.g. testamentary legal transactions) may breach the reserved proportion of the successors. To protect their right, either the successors file a lawsuit for the reduction of this transition (Turkish Civil Code Art. 560) or as defendant they have the right to make a plea for reduction (Turkish Civil Code Art. 571/3). In the study, the effects of the plea for reduction are examined in terms of the civil procedure law. In this context, as an exceptional case, it is determined that the constructional effect may occur also in the claim for specific performance. In such a case, the construction effect can be observed at the reasons for the judgment.