What is the Authorization Agreement and What are its Terms
In our law, the place where the trial will be held is regulated by law as a rule. 17 Of the Code of Civil Procedure. on the other hand, the article Decrees that merchants and public legal entities may authorize one or more courts by a contract in disputes arising or that may arise between them by introducing an exceptional provision. Will be Decoupled between. Unless the parties agree otherwise, the case to be filed may only be filed in the courts determined by the contract.
Supreme Court 19. In the Decision of the Legal Department dated 02.06.2015 and numbered 2015/3874 and dated 02.06.2015 and numbered 2015/8205; “As a result of the trial conducted by the court, the 14th part of the dealership agreement. As a condition of duty in the article, … (new Istanbul Anatolian Courts) Courts are organized, CMK 17. according to the article, both sides are traders. CMK’s 17. according to the article, if the parties are merchants, they may authorize one or more courts in disputes arising and arising between them, and the authorization agreement is valid if it was concluded between merchants or public legal entities. Dec.
If the parties wish to maintain the jurisdiction of the general and special competent courts authorized by law and the court authorized by the contract, this must be stated in the contract, otherwise the case will be filed only in the court designated by the contract of jurisdiction. Since there is an authorization agreement between the parties, the competent court according to this duty agreement is … on the grounds that the Anatolian Courts are Anatolian Courts, this court is Deconflicted and the file A.Sh.it was decided to send it to. The competent and competent. Duty was given to the Commercial Court, and the decision was appealed by the plaintiff’s lawyer.
According to the articles in the file, the evidence on which the judgment is based and the reasons requiring it, it was unanimously decided to reject all of the plaintiff’s attorney’s appeals and APPROVE the decision on 02.06.2015. in accordance with the procedure and the law, and in accordance with the approval fee written below, it collects from the appellant.”
CMK’s 18. the article regulates the conditions of validity of the authorization agreement. The first paragraph is as follows: “An authorization agreement cannot be concluded in matters where the parties cannot save freely and in cases where absolute authority is possessed.” In this case, the parties will not be able to determine the competent jurisdiction by contract in matters where there is a definite rule of jurisdiction. Since the duty objection concerns public order, it can be put forward at any stage of the case.
Supreme Court 11. In the decision of the Legal Department dated 17.1.2017 and numbered 2016/15056 and 2017/319; “
According to the full scope of the file, the court made a decision of dismissal on the following grounds: … CMK’s 17. in accordance with the article, courts are specified as the competent court for the settlement of disputes contained in the contract between the plaintiff and the defendant, and in disputes arising or that may arise between legal entities, the court may be authorized by contract, the case must be filed in a court designated by contract, the authorized court designated by contract is binding, the case has not been filed in a competent court. Decrees, Decrees, decrees, decrees, decrees, decrees, decrees, decrees, decrees, decrees, decrees, decrees, decrees, decrees, decrees. The court was determined by the contract and the objection of the defendant’s lawyer was within the time limit. Decision was appealed by the defendant’s lawyer.
The cases in which the court can make an ex officio decision of dismissal are the absolute authorized cases, which are the condition of the case. CMK’s 18. in its article, it is clearly stated that the parties cannot enter into a contract of authority in final jurisdiction cases. Therefore, in the case of absolute authority, no authority agreement can be made. The conclusion of an authorization agreement is also not one of the situations in which the decision of non-duty can be made ex officio.”
In a situation where there is absolute jurisdiction, the authorization agreement between the parties will not be valid, and the court will implement the necessary Decrees by determining the competent court within the framework of absolute judicial rules, fulfilling the requirements of the law regardless. This is the deal.
The second paragraph of the article reads as follows: “In order for the judicial agreement to be valid, it must be in writing, the legal relationship in which the dispute arises must be specific or determinable, and there must be competent courts or tribunals. It must be specified.”
In the case to be opened on the basis of this declaration, it will not matter if there is an oral agreement between the parties. Dec. In addition, in the contract signed between the parties, the subject matter of the contract and the issues that may be the subject of legal disputes must be determined or Decidable.
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