HMK No. 6100
Determination and qualification of the task
ARTICLE 1- (1) The duty of the courts is regulated only by law. The rules of duty are of public order.
The duty of the courts of first instance
ARTICLE 2- (1) The court in charge of cases related to the rights to property, regardless of the value and amount of the subject matter of the case, as well as cases related to the presence of a person, is the court of first instance, unless there is a regulation to the contrary.
(2) Unless there is a contrary regulation in this Law and other laws, the court of first instance is also responsible for other cases and affairs.
Duty in compensation cases for damages arising from death or loss of body integrity
ARTICLE 3- (1) The courts of first instance shall consider cases related to compensation for material and moral damages caused by partial or complete loss of body integrity or death of a person caused by all kinds of administrative actions and transactions and other reasons for which the administration is responsible. This provision is applied even in cases related to compensation for the same type of damages arising from reasons other than the responsibility of the administration. The provisions of the Labor Courts Law dated 30/1/1950 and numbered 5521 are reserved.
The duty of the magistrates’ courts
ARTICLE 4- (1) Magistrates’ courts, regardless of the value or amount of the subject matter of the case;
a) The provisions on the evacuation of leased real estate by involuntary execution in accordance with the Enforcement and Bankruptcy Code of 9/6/1932 and 2004 are separate, including lawsuits related to all disputes, including claims arising from the lease relationship, as well as lawsuits filed against these lawsuits,
b) Cases related to the allocation of movable and immovable property or the right and the liquidation of the partnership,
c) For movable and immovable property, cases that are aimed only at the protection of property,
ç) Cases where this Law and other laws appoint a magistrate or magistrate,
they see.
Authority
The general rule
ARTICLE 5- (1) The authority of the courts is subject to the provisions of this Law, except for the provisions on the authority contained in other laws.
Court of general jurisdiction
ARTICLE 6- (1) The court of general jurisdiction is the settlement court of the respondent natural or legal person on the date of the opening of the case.
(2) The place of settlement is determined in accordance with the provisions of the Turkish Civil Code dated 22/11/2001 and numbered 4721.
Authority if the defendant has more than one
ARTICLE 7- (1) If the defendant is more than one, the case may be filed in the court of the settlement of one of them. However, if, according to the cause of action, a court with a common jurisdiction over all the defendants is specified in the law, the case is considered in the court of that place.
(2) in cases where there is more than one defendant, the trial court settlement to own one of the defendants from the court in order to bring another opened, understand the symptoms or evidence if the court over the defendant’s objection relevant, by separating the jurisdiction of the case gives the decision about him.
Authority in cases that will be filed against those who temporarily reside in a place
ARTICLE 8- (1) For receivables or movable property lawsuits that will be filed against those who temporarily live in a place, such as civil servants, workers, students, soldiers, if their presence there can continue for a long time, the local court where they are located is also authorized.
In the absence of a settlement in Turkey, the authority
ARTICLE 9- (1) The general competent court for those who do not have a place of residence in Turkey is the court where the defendant’s habitual residence in Turkey is located. However, without prejudice to other special powers, a lawsuit regarding the rights to the asset may also be filed at the location of the element of the asset subject to dispute.
Authority in contractual cases
ARTICLE 10- (1) Lawsuits arising out of the contract may also be filed in the court of the place where the contract will be executed.
Jurisdiction in cases arising from inheritance
ARTICLE 11- (1– In the following cases, the court of the last settlement of the deceased is the final authority:
a) Cases related to the sharing of land, the invalidity of the sharing agreement, the cancellation and decriminalization of savings due to death, rations due to inheritance, and cases arising from the management of land between heirs.
b) All lawsuits that will be filed against the heirs until the final share of the estate.
(2) A ration case that wants to be opened about a product contained in the shipyard can also be opened there, wherever the product is located at the time of writing and determining the shipyard.
(3) In cases related to the revocation of the certificate of inheritance and the issuance of a new certificate of inheritance, the court of the place where each of the heirs resides is also authorized.
Jurisdiction in cases arising from the same real estate
ARTICLE 12- (1) In cases related to the right in kind on the immovable property or which may lead to a change in the ownership of the right in kind, as well as in cases related to the possession of the immovable property or the right to detain, the court of the place where the immovable property is located is the final authority.
(2) Lawsuits related to easement rights are filed in the court of the place where the real estate on which the easement right is established is located.
(3) If these cases relate to more than one real estate, they can also be filed at the location of one of the real estate, about the others.
Authority in the counterclaim
ARTICLE 13- (1) In cases where there is no final authority, the court that is looking at the original case is also authorized to look at the counterclaim.
Authority in cases related to branches and legal entities
ARTICLE 14- (1) In cases arising from the transactions of a branch, the court of the place where that branch is located is also authorized.
(2) private law legal persons, partnership or membership relations, without being limited to a partner or against a member or a partner or member openers cases against others in this capacity for the relevant legal person is located in the heart of the court is the final authority.
Authority in cases arising from insurance contracts
ARTICLE 15- (1) Lawsuits arising from damage insurance may also be filed where the risk occurs if the insurance relates to a real estate or a movable property that must be fixed somewhere due to its nature or is required, where the property is located; if it relates to a movable property that does not need to be fixed somewhere or is not required.
(2) In life insurance, the court of their place of residence is the final authority in cases that will be filed in favor of or against the insurer, the insured or the beneficiary.
(3) This provision shall not be applied in cases arising from marine insurance.
Authority in cases arising from a tort
ARTICLE 16- (1) In cases arising out of a tort, the court of the place where the tort was committed or where the damage occurred or where there is a possibility that it will occur, or the place of settlement of the injured person is also authorized.
Authorization agreement
ARTICLE 17- (1) Merchants or public legal entities may authorize one or more courts by contract about a dispute that may have been born or may have arisen between them. dec 17- (1) Merchants or public legal entities may authorize one or more courts by contract. Unless otherwise agreed by the parties, the case is opened only in those courts established by the contract.
Terms of validity of the authorization agreement
ARTICLE 18- (1) In cases of issues that the parties cannot freely save on, as well as in cases of final authorization, an authorization agreement cannot be concluded.
(2) In order for the authorization agreement to be valid, it must be made in writing, the legal relationship from which the dispute originated must be specific or determinable, and the authorized court or courts must be shown.
Putting forward an objection to authorization
ARTICLE 19- (1) In cases where the authority is certain, the court must investigate whether it is authorized by itself until the end of the case; the parties can always assert that the court is unauthorized.
(2) In cases where the authority is not certain, the objection to the authority must be put forward in the response petition. The party who objects to the authority notifies the competent court; if there is more than one competent court, the court of its choice notifies it. Otherwise, the objection of authority will not be considered.
(3) The court shall also indicate the competent court in the decision on non-authorization.
(4) In cases where the authority is not certain, if the defendant does not object to the authority within the period and in accordance with the procedure, the court in which the case is filed becomes authorized.
