MK No. 6100 Determination and nature of the task
ARTICLE 1- (1) The duties of the courts are regulated only by law. The rules of duty are related to public order.
The duty of the courts of first instance
ARTICLE 2- (1) Regardless of the subject matter of the case, the court assigned to cases related to property rights and cases heard if the person is present is the court of first instance, unless there is a contrary arrangement.
(2) If there is no contrary provision in this Law and other laws, the court of first instance shall also deal with other cases and cases.
Duty in cases of compensation for damages caused by death or loss of body integrity
ARTICLE 3- (1) The courts of first instance shall hear cases for compensation of material and moral damages caused by the partial or complete loss or death of a person’s bodily integrity for all kinds of administrative actions and transactions and other reasons that fall under the responsibility of the administration. This provision is also applied in cases of compensation for the same type of damages arising for 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 criminal courts of peace
ARTICLE 4-
(1) Criminal courts of peace, regardless of the value or amount of the subject of the case;
a) The provisions regarding the eviction of real estate leased by voluntary execution in accordance with the Execution and Bankruptcy Law of 9/6/1932 and 2004 are regulated separately, including lawsuits related to all disputes, including receivables arising from the lease relationship, and lawsuits filed against these lawsuits, b
) Cases related to the allocation or right of movable and immovable property and the liquidation of the partnership,
c) In respect of movable and immovable property, only cases for the protection of the property,
ç) Cases in which a criminal magistrate or a judge should be appointed by this Law and other laws,
they see.
Authority
General rule
ARTICLE 5- (1) The jurisdiction of the courts is subject to the provisions of this Law, except for the provisions of authority contained in other laws.
Court of general jurisdiction
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 according to the provisions of the Turkish Civil Code dated 22/11/2001 and numbered 4721.
If the defendant has more than one authority, the authority is
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 joint competent court is specified for all of the defendants according to the reason of the case in the law, the case is heard in that local court.
(2) In cases where there is more than one defendant, if the court decides the relevant case upon the objection of the defendant, it decides on it by separating the case from the judicial circle by understanding the evidence or finding, with the decision that one of the defendants will receive from the court to ensure that the other is filed.
Authority in cases to be filed against those who temporarily reside in a place
ARTICLE 8- (1) In cases of receivables or movable property that will be filed against those who temporarily reside in a place such as civil servants, workers, students, soldiers, if their residence there can continue for a long time, the court of the place where they are located is also authorized.
If there is no place of residence in Turkey, the competent authority,
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 permanent place of residence in Turkey is located. However, without prejudice to other special powers, a lawsuit regarding the rights over the assets may also be filed at the location of the item of assets subject to dispute.
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 made.
Authority in cases arising from inheritance law
ARTICLE 11-
(1- In the following cases, the court of the last settlement of the deceased is the final authority:
a) Cases related to land sharing, invalidity of the sharing agreement, cancellation and Decriminalization of savings due to death, maintenance arising from inheritance and lawsuits arising from land management
b) All lawsuits to be filed against the heirs until the final division of the shipyard.
(2) The maintenance lawsuit that is requested to be filed about a product located in the shipyard may also be filed at the place where the product is located on the date when the article was written and the shipyard was determined.
(3) The settlement court of each of the heirs is also authorized in cases related to the cancellation of the certificate of inheritance and the issuance of a new certificate of inheritance.
Authority in cases arising from the same real estate
ARTICLE 12-
(1) In cases related to the right in kind on the real estate or in cases that may lead to a change in the ownership of the right in kind, the last competent court in cases related to the possession of the real estate or the right to foreclosure is the court of the place where the real estate is located.
(2) Lawsuits related to the easement right shall be filed in the court of the place where the real estate in 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 other immovables at the place where one of the immovables is located.
Authority in the counterclaim
ARTICLE 13- (1) In cases where a final decision has not been made, the court hearing the original case is authorized to hear the counterclaim as well.
Authority in cases related to branches and legal entities
ARTICLE 14- (1) The court of the place where the branch is located is also authorized in cases arising from the operations of the branch.
(2) Private law legal entities, partnership or membership relations, including, but not limited to, lawsuits filed against a partner or member or against others in this capacity against a partner or member, the court at the location of the relevant legal entity is the last competent court.
Authority in cases arising from insurance contracts
ARTICLE 15-
(1) Lawsuits arising from loss insurance may also be filed if the immovable property or movable property subject to insurance must be fixed somewhere or located where it should be located due to its nature; if the movable property or movable property does not need to be fixed somewhere or is located where it should be located.
(2) The final authority in cases to be filed for or against the insurer, the insured or the beneficiary in life insurance is the court of their place of settlement.
(3) This provision shall not be applied in cases arising from marine insurance.
Authority in cases arising from tort
ARTICLE 16- (1) In cases arising out of a tort, the court of the place where the tort was committed or where the damage occurred or where there is a possibility of occurring, or the court of the place of settlement of the injured person is also authorized.
Authorization agreement
ARTICLE 17- (1) Merchants or public legal entities may authorize one or more courts by Decrees on disputes that have arisen or may arise between them. 17- (1) Merchants or public legal entities may authorize one or more courts by Decrees on disputes that have arisen or may arise between them. Unless otherwise agreed by the parties, the case shall be opened only in the courts established by the contract.
Terms of validity of the authorization agreement
ARTICLE 18-
(1) An authorization agreement cannot be concluded in cases where the parties cannot save freely and 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 competent court or courts must be indicated.
To object to authorization
ARTICLE 19- (1) In cases where the authority is final, the court shall investigate whether it is authorized by itself until the end of the case; the parties may always assert that the court is unauthorized.
(2) In cases where the authority is not final, the objection to the authority shall be put forward in the response petition. The party objecting to the authority shall notify the competent court to the court of its choice if there is more than one competent court. Otherwise, the authority objection will not be taken into account.
(3) The court shall also specify the competent court in the decision of inadmissibility.
(4) In cases where the authority is not final, if the defendant does not object to the authority within the time limit and in accordance with the procedure, the court in which the case is filed becomes competent.