Special Authorization Rule: Insurance Contracts
The regulation on authority is included in the second part of the Code of Civil Procedure No. 6100. Although the authority provisions are divided into two parts as general authority rules and special authority rules, 15. the article regulates the rules of jurisdiction in cases arising from insurance contracts. The text of the law regulates that “Lawsuits arising from loss insurances may be filed at the place where the property is located if the insurance is related to a real estate or property” and aims to determine the competent court according to the concrete event. Due to its nature, it is necessary to be fixed to a place or it is required to be transported; or if it is related to a movable vehicle that is mandatory or not foreseen to be fixed somewhere, where the risk occurs.”
Insurance contract 6102 numbered 1401 of the Turkish Commercial Code. it is defined in the article. According to this provision, an insurance contract is a contract in which “the insurer undertakes to pay compensation to a person if an incident occurs, in exchange for a premium from the insurer.
Ensuring that a danger, risk, or payment of a sum of money or other act that harms an interest that can be measured in money due to some events that occur in the life or life of one or more people is paid, or that another act is performed.” According to this provision, the insurer agrees to insure the insured’s property or body damages against risks that may arise in exchange for a certain premium. If we are to evaluate within the scope of this provision, the insurance contract must include both the risk element and the benefit element. Therefore, the insurance contract is based on the relationship of mutual trust between the insurer and the insured. Dec.
In this case, if there is a value related to a movable property or if the value is not required to remain constant, it seems that the legislator grants two optional rights to the applicant in terms of authority. If the incident subject to the lawsuit is related to a movable property, the court in which the value insured by the insurance is damaged may be authorized. However, if it is immovable property, the court of the place where the property is located will be considered competent.
In this case, where the judiciary is optional, it is important that the judiciary is not a matter that concerns public order. Here, if the party who wants to object to the authority does not put forward its claim in terms of initial objections, the subject of authority will not be evaluated by the judge ex officio. In cases where the authority is not related to public order, the objection to the authority not put forward by the parties within the scope of the first objection will be deemed invalid.
In the first paragraph, the optional judicial rule is introduced, and in the second paragraph, a distinction is made in terms of life insurance with the statement “The residence court is the absolute authority in cases to be filed for or against life insurance”. insured, insured or beneficiary.” Failure to comply with the absolute jurisdiction will lead to the procedural dismissal of the case.
The definition of life insurance includes events related to human life. Risks related to human life include events such as getting sick, death, having an accident, becoming disabled as a result of limb injury, inability to work in a profession, aging. Types of life insurance include personal life insurance, pension insurance, sickness insurance and personal accident insurance, which includes life or death Decrees.
The legislator has determined with the third paragraph that marine insurance will not be evaluated within this scope. In this case, it will not be possible to apply the provisions of Article 15 in cases related to marine insurance.
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