TC
Supreme
Law Office
Original No.: 2013/16531
Decision No:2013/15062
K. Date:5.11.2013
The plaintiff’s attorney stated that the defendant is insured by the financial liability insurance policy of the client company, there is no financial liability insurance for the vehicle damaged as a result of the accident involving the vehicle, compensation will be received from the insurance policy for the amount of the damaged vehicle, the right of recourse for compensation arising from the driver of the vehicle that caused the accident will begin to process from the date of request from the defendant, compensation in the amount of 21,261 TL will be repaid in advance, together with interest from the date of payment by a notary public. pay the collection of which is requested from the defendant.
4 Of the TCC numbered 6102 by the court. in the subparagraph (b) of the first paragraph of the article; It was decided to dismiss the case because there is no legal requirement on the grounds that the dispute subject to the lawsuit is not a commercial case.
The case is a case related to the cancellation of the appeal made against the request for immediate collection of compensation paid by the traffic insurer to those who were harmed.
4 Of the Turkish Commercial Code. article 5 of the same law. in its article, it is arranged that civil “lawsuits” arising from this law will be considered commercial lawsuits. Article 2. 4 Of this law. in its paragraph, if there is a commercial court somewhere, it is connected to the provision that the court of first instance has a duty, and the “cases” that are considered commercial according to the provisions of the article will be heard in the commercial court.
3 Of the Turkish Commercial Code. in the article, “All transactions and actions related to the commercial enterprise in relation to the matters regulated by this Law are commercial affairs.” it has been said.
“Compulsory liability insurance” is regulated in Article 1483 of the Turkish Commercial Code and its continuation.
In order for a legal transaction or action to remain within the scope of the Turkish Commercial Code, there must be a legal transaction or action related to a commercial enterprise that has the matters regulated in this Law, in accordance with the purpose of the law defined above.
In the case under the subject of the lawsuit, the claimant’s request for immediate collection of compensation paid by the traffic insurer to those who suffered damage as a result of a traffic accident, the case is based on Article 1483 of the Turkish Commercial Code. it is understood that it is included in the article. It is understood that this issue is one of the issues listed in the articles. In this case, considering that the dispute falls under the jurisdiction of the Commercial Court of First Instance, while it should be decided based on the evaluation of the claims and defenses regarding the collection of the parties’ evidence by entering into the merits of the case, it was not considered correct to decide to dismiss the case due to lack of written duties.
result
For the reasons explained above, it was decided unanimously on 05.11.2013 that the plaintiff’s attorney’s appeal was accepted and the decision was overturned, and the fees received in advance were returned to the appellant plaintiff if requested.