Article 304 of the Code of Civil Procedure, entitled Correction and Recommendation of the Judgment;
ARTICLE 304 – (1) The writing and calculation errors in the provision and other similar obvious errors can 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 mistake without listening to the parties. If the parties do not come upon the invitation, a decision can be made by examining the file.
(2) If a correction decision is made, the decision regarding the corrected matters is written, signed and sealed under the copies in the court and on a separate paper to be attached to them.
ARTICLE 305- (1) If the provision is not clear enough or causes hesitation in its execution or contains contradictory clauses, each party may request the clarification of the provision or the elimination of hesitation or contradiction until its execution is completed.
(2) The rights granted to the parties in the clause of the provision and the debts imposed cannot be limited, expanded or changed by way of allocation.
According to the first paragraph of Article 305 of the Code of Civil Procedure numbered 6100, the meaning of appropriation is possible if the provision is not clear enough, if there is hesitation in its execution or if it contains contradictory paragraphs. In the second paragraph, the rights granted to the parties and the obligations imposed on the parties cannot be limited, expanded or changed. A matter that can be examined through appeal cannot be corrected by way of revision as a result of retrial. Attribution is only about the clause of the provision. For this reason, it cannot be applied for the explanation of the justification of the judgment. However, if there is any hesitation between the clause of the provision and the justification, it can be resorted to in order to eliminate this contradiction. In particular, it is possible to apply for the way of correction about the decisions of the Court of Cassation. Here, the judgment does not need to be finalized in order to apply for the way of tawzih. For decisions that are not finalized, it can be requested until the execution (fulfillment) of the provision. It should be noted that it is not possible to stop the appeal period by making a request for approval. It is possible to request the correction of the verdict after the writ is executed, until the writ is fully executed. The verdict is only approved by the court that gave it, therefore, enforcement offices do not have the right of approval. The judge cannot make a decision about the requests forgotten in the judgment by way of tawzih and add it to the judgment. He cannot make a decision by way of tawzih about the attorney’s fee or interest that he forgot while making such a judgment and add it to his sentence. Likewise, the contradiction between the brief decision and the reasoned decision cannot be resolved by way of tawzih.