HMK No. 6100
Determination and nature of the task
ARTICLE 1- (1) The duties of the courts are regulated only by law. The rules regarding the duty are from public order6100
Determination and nature of the task
HMK No. 6100
Determination and nature of the task
ARTICLE 1- (1) The duties of the courts are regulated only by law. The rules regarding the duty are from public order.
The jurisdiction of civil courts of first instance
ARTICLE 2- (1) Regardless of the vMK No. 6100
Determination and nature of the task
ARTICLE 1- (1) The duties of the courts are regulated only by law. The rules regarding the duty are from public order.
The jurisdiction of civil courts of first instance
ARTICLE 2- (1) Regardless of the value and amount of the subject matter of the lawsuit, the court assigned to cases related to the rights of assets and cases related to the existence of a person is the court of first instance, unless there is a contrary arrangement.
(2) Unless there are contrary regulations in this Law and other laws, the court of first instance is also responsible for other cases and cases.
Duty in cases of compensation for damages arising from death or loss of body integrity cases of compensation for damages arising from death or loss of body integrity
ARTICLE 3- (1) The courts of first instance shall deal with cases related to the partial or complete loss of bodily integrity caused by all kinds of administrative actions and transactions and other reasons for which the administration is reuty in cases of compensation for damages arising from death or loss of body integrity
ARTICLE 3- (1) The courts of first instance shall deal with cases related to the partial or complete loss of bodily integrity caused by all kinds of administrative Duty in cases of compensation for damages arising from death or loss of body integrity
ARTICLE 3- (1) The courts of first instance shall deal with cases related to the partial or complete loss of bodily integrity caused by all kinds of administrative actions and transactions and other reasons for which the administration is responsible, or compensation for material and moral damages caused by the death of a person. This provision is applied even in cases related to compensation for the same type of damages arising from reasons other than the responsibility of the administration. the provisions of the Labor Courts Law dated 30/1/1950 and numbered 5521 are reserved.
The duty of the civil courts of peace
ARTICLE 4- (1) The civil courts of peace, regardless of the value or amount of the subject matter of the case
ARTICLE 4- (1) The civil courts of peace, regardless of the value or amount of the subject matter of the case;
a) Lawsuits related to all disputes, including claims arising from the lease relationship, including separate provisions on the eviction of leased real estate through unauthorized execution in accordance with the Execution and Bankruptcy Law dated 9/6/1932 and numbered 2004, as well as lawsuits filed agai
ARTICLE 4- (1) The civil courts of peace, regardless of the value or amount of the subject matter of the case;
a) Lawsuits related to all disputes, including claims arising from the lease relationship, including separate provisions on the eviction of leased real estate through unauthorized execution in accordance with the Execution and Bankruptcy Law dated 9/6/1932 and numbered 2004, as well as lawsuits filed against these cases, as well as lawsuits filed against these cases, including claims arising from the lease relationship,
b) Cases related to the distribution of movable and immovable property or rights and the liquidation of the partnership,
c) In movable and immovable property, only cases that are aimed at the protection of possession,
ç) Cases in which this Law and other laws have assigned the civil court of peace or the civil judge of peace,
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Authorityç) Cases in which this Law and other laws have assigned the civil court of peace or the civil judge of peace,
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Authority
General rule
ARTICLE 5- (1) The Cases in which this Law and other laws have assigned the civil court of peace or the civil judge of peace,
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Authority
Gen) Cases in which this Law and other laws have assigned the civil court of peace or the civil judge of peace,
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Authority
General rule
ARTICLE 5- (1) The jurisdiction of the courts is subject to the provisions in this Law, without prejudice to the provisions regarding jurisdiction in other laws.
General jurisdiction court
ARTICLE 6- (1) The general competent court is the settlement court of the defendant natural or legal person on the date of opening of the case.
(2) The place of settlement is determined in accordance with the provisions of the Turkish Civil Code dated 22/11/2001 and numbered 4721.
In case the defendant has more than one authority
ARTICLE 7- (1) If the defendant is more than one, the case may be filed in the settlement court of one of them. However, if a court is specified in the law that has joint authority over all the defendants according to the reason for the lawsuit, the case will be tried in that local court.ICLE 7- (1) If the defendant is more than one, the case may be filed in the settlement court of one of them. However, if a court is specified in the law that has joint authority over all the defendants according to the reason for the lawsuit, the case will be tried in that local court.
(2) In cases where there are more than one defendant, if it is understood by evidence or indications that the case was filed solely for the purpose of bringing one of the defendants to a court other than his own residential court, the court shall, upon the objection of the relevant defendant, separate the case against him and issue a decision of incompetence.
Authority in cases to be filed against those who temporarily reside in a placeAuthority in cases to be filed against those who temporarily reside in a place
ARTICLE 8- (1) For claims for receivables or movable property to be filed against those who temporarily reside in a place, such as civil servants, workers, students, soldiers, if their presence there can continue in cases to be filed against those who temporarily reside in a place
ARTICLE 8- (1) For claims for receivables or movable property to be filed against those who temporarily reside in a place, such as civil servants, workers, students, soldiers, if their presence there can continue for a long time, the court of the place where they are located is also authorized.
Authority in the absence of a settlement in Turkey
ARTICLE 9- (1) The general competent court for those who do not have a place of residence in Turkey is the court of the place where the defendant’s habitual residence is located in Turkey.RTICLE 9- (1) The general competent court for those who do not have a place of residence in Turkey is the court of the place where the defendant’s habitual residence is located in Turkey. However, without prejudice to other sp 9- (1) The general competent court for those who do not have a place of residence in Turkey is the court of the place where the defendant’s habitual residence is located iARTICLE 9- (1) The general competent court for those who do not have a place of residence in Turkey is the court of the place where the defendant’s habitual residence is located in Turkey. However, without prejudice to other special cases of jurisdiction, a lawsuit regarding the rights to the assets may also be filed where the element of the assets subject to dispute is located.
Authority in contractual cases
ARTICLE 10- (1) Lawsuits arising from the contract may also be filed in the court of the place where the contract will be performed.
Authority in cases arising from inheritance
ARTICLE 11- (1) In the following cases, the final settlement court of the deceased person has final authority:
a) Cases related to the sharing of the inheritance, invalidity of the sharing agreement, cancellation and rejection of savings due to death, cases related to Decoupling due to inheritance, and cases arising from the management of the inheritance between heirs.) Cases related to the sharing of the inheritance, invalidity of the sharing agreement, cancellation and rejection of savings due to death, cases related to Decoupling due to inheritance, and cases arising from the management of the inheritance between heirs.
b) All lawsuits to be filed against the heirs until the final sharing of the estate.
(2) The case of fortification, which is requested to be opened about the goods contained in the terek, may also be opened wherever the goods are located at the time of writing and determination of the terek.
(3) In cases regarding the cancellation of the inheritance certificate and the issuance of a new inheritance certificate, the court where each of the heirs resides is also authorized.
Jurisdiction in cases arising(3) In cases regarding the cancellation of the inheritance certificate and the issuance of a new inheritance certificate, the court where each of the heirs resides is also authorized.
Jurisdiction in cases arising from real estate
ARTICLE 12- (1) The court of the place where the real3) In cases regarding the cancellation of the inheritance certificate and the issuance of a new inheritance certificate, the court where each of the heirs resides is also authorized.
Jurisdiction in cases arising from real estate
ARTICLE 12- (1) The court of the place where the real estate is located has final authority in cases related to the right in kind or which may lead to a change in the ownership of the right in kind, as well as in cases related to the possession of the real estate or the right to detention.
(2) Lawsuits related to easement rights shall be filed in the court of the place where the real estate on which the easement right is established is located.
(3) If these lawsuits are related to more than one immovable property, they may also be filed against the others in the place where one of the immovables is located.
Authority in the counterclaim(3) If these lawsuits are related to more than one immovable property, they may also be filed against the others in the place where one of the immovables is located.
Authority in the counterclaim
ARTICLE 13these lawsuits are related to more than one immovable property, they may also be filed against the others in the place where one of the immovables is located.
Authority in the counterclaim
ARTICLE 13- (1) In cases where the final authority is not in question, the court hearing the original case is also authorized to hear the counterclaim.
Authority in cases related to branches and legal entities
ARTICLE 14- (1) In cases arising from the transactions of a branch, the court of the place where that branch is located is also authorized.
(2) For lawsuits filed by private law legal entities against a partner or member, or by a partner or member against others in this capacity, provided that they are limited to partnership or membership relations, the court of the place where the headquarters of the relevant legal entity is located shall have the final authority.) For lawsuits filed by private law legal entities against a partner or member, or by a partner or member against others in this capacity, provided that they are limited to partnership or membership relations, the court of the place where the headquarters of the relevant legal entity is located shall have the final authority.
Authority in cases arising from insurance contracts
ARTICLE 15- (1) Lawsuits arising from loss insurance may also be filed where the risk occurs if the insurance relates to a real estate or a movable property that must be fixed or stipulated in a place by its nature, where the property is located; if it relates to a movable property that does not need to be fixed or is not stipulated in a place.LE 15- (1) Lawsuits arising from loss insurance may also be filed where the risk occurs if the insurance relates to a real estate or a movable property that must be fiARTICLE 15- (1) Lawsuits arising from loss insurance may also be filed where the risk occurs if the insurance relates to a real estate or a movable property that must be fixed or stipulated in a place by its nature, where the property is located; if it relates to a movable property that does not need to be fixed or is not stipulated in a place.
(2) In life insurance, the court of their settlement shall have the final authority in cases to be filed against or against the insured, the insured or the beneficiary.
(3) This provision does not apply to cases arising from marine insurance.
Jurisdiction in cases arising from tort
ARTICLE 16- (1) In cases arising from a tort, the court of the place where the tort was committed or where the damage occurred or where it is possible to occur, or the place of settlement of the injured person, is also authorized.
Authorization agreement- (1) In cases arising from a tort, the court of the place where the tort was committed or where the damage occurred or where it is possible to occur, or the place of settlement of the injured person, is also authorized.
Authorization agreement
s arising from a tort, the court of the place where the tort was committed or where the damage occurred or where it is possible to occur, or the place of settlement of the injured person, is also authorized.
Authorization agreement
ARTICLE 17- (1) Merchants or public legal entities may, by contract, designate one or more courts to be competent to resolve a dispute that may arise between them. Unless otherwise agreed by the parties, the case shall be filed only in these courts determined by the contract.
Conditions for the validity of the mandate agreement
ARTICLE 18- (1) An authorization agreement cannot be concluded with issues that the parties cannot freely save on in cases of final authorization.RTICLE 18- (1) An authorization agreement cannot be concluded with issues that the parties cannot freely save on in cases of final authorization.
(2) In order for the authorization agreement to be valid, it must be made in writing, the legal relationship in which 18- (1) An authorization agreement cannot be concluded with issues that the parties cannot freely save on in cases of final authorization.
(2) In order for the authorization agreement to be valid, it must be made in writing, the legal relationship in which the dispute originates must be specific or determinable, and the authorized court or courts must be indicated.
Asserting an objection to authority
ARTICLE 19- (1) In cases where the authority is final, the court must investigate spontaneously whether it is authorized until the end of the case; the parties may also claim that the court is unauthorized at any time.
(2) In cases where jurisdiction is not certain, the objection to jurisdiction must be raised in the answer petition. The party making the objection to jurisdiction declares the competent court; if there is more than one competent court, the court it has chosen. Otherwise, the objection to jurisdiction will not be taken into consideration In cases where jurisdiction is not certain, the objection to jurisdiction must be raise
(2) In cases where jurisdiction is not certain, the objection to jurisdiction must be raised in the answer petition. The party making the objection to jurisdiction declares the competent court; if there is more than one compe
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