THE COURT IN CHARGE OF EVICTION CASES
The duties of the courts are determined by law. The task is related to public order. For this reason, it is taken into account at every stage of the trial. The court in charge of eviction cases is specified in Article 4/1-a of the Civil Code (HUMK 8 / II-1
According to the EB dated 9.6.1932 and numbered 2004, the provisions regarding the eviction of leased immovables through execution without notice are separate, and the cases regarding all disputes, including the receivables arising from the lease relationship, and the cases filed against these cases are assigned to the Civil Courts of Peace.
AUTHORITY HMK 5 (HUMK 9.) Md
Authority : Refers to which place court a case will be tried in regardless of its value.
Article 6 of the Civil Code (HUMK 9), which defines the general rule of jurisdiction. The general authorized court is the settlement court of the defendant real and legal person on the date of opening the case.
The place of settlement is determined in accordance with the provisions of the Turkish civil code dated 22.11.2001 and numbered 4721
The competent court in eviction cases is determined according to the rules in Articles HMK 6 and 7 (HUMK 9) and HMK 10 (HUMK 10), since the dispute is not related to the same immovable property.
According to Article 10 of the Civil Code, authority in cases arising from a contract may be filed in the court of the place where the contract will be executed.
Accordingly, since the authorized court is the defendant’s settlement court or the place where the contract will be executed is also the place where the immovable property is located, in general, eviction cases are handled in the court where the immovable property is located
In Article 17 of the Civil Code of Decency“ “Merchants or public legal entities of the authorization agreement may authorize one or more courts with a contract about a dispute that has arisen or may arise between them.” Unless otherwise agreed by the parties, the case can only be opened in these courts determined by the contract.
Therefore, according to this provision, personal persons will not be able to arrange an authorization agreement for the Decommissioning agreement they have concluded between themselves.
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