ACCORDING TO THE EVICTION CASES, THE COURT
The duties of the courts are determined by law. The task is related to public order. Therefore, it is taken into account at every stage of the trial. The court dealing with eviction cases is specified in Article 4/1-a of the CCP (HUMK 8/II-1).
according to the IIK dated 9.6.1932 and numbered 2004, the provisions regarding the eviction of the leased real estate by enforcement are separate, and the cases related to all disputes, including receivables arising from the lease relationship, and the cases filed against these cases are the duties of the Civil Courts of Peace.
AUTHORITY HMK 5 (HUMK 9.) Md
Authority: Refers to which court a case will be heard in, regardless of its value.
Article 6 of the CCP (HUMK 9), which determines the general authority rule. The general competent court is the settlement court of the defendant natural and legal person on the date of opening of the case.
The place of settlement is determined according to the provisions of the Turkish Civil Code dated 22.11.2001 and numbered 4721.
In eviction cases, since the dispute does not relate to the same real estate, the competent court is determined according to the rules contained in Articles 6 and 7 of the CCP (HUMK 9) and Article 10 of the CCP (HUMK 10).
10 of the CMB. according to the article, in cases arising from a contract, the authority may be filed in the court of the place where the contract will be performed.
Accordingly, the competent court is the court of the defendant’s place of settlement or the place where the contract will be made and the place where the immovable property is located, and eviction cases are usually heard in the court of the place where the immovable property is located.
TMK’s 17. article “Merchants or public legal entities entering into an authorization agreement may authorize one or more courts by Decrees on a dispute that has arisen or may arise between them.” Unless otherwise agreed by the parties, the lawsuit can only be filed in these courts determined by the contract.
Therefore, according to this provision, natural persons will not be able to arrange an authorization agreement regarding the Decertification agreement they have concluded between themselves.