THE COURT IN CHARGE OF EVACUATION CASES
One of the most important points to be considered when filing a lawsuit in a court is which court is in charge. The duties of the courts are determined by the law.
The task is related to public order. Therefore, it is taken into account at all stages of the proceedings.
The court in charge of evacuation cases is specified in Article HMK 4/1-a (HUMK 8/II-1).
Respect to the leased premises, dated 2004 and numbered according to the FIRST through execution 9.6.1932 ilamsiz provisions for evacuation to be discrete, lease, including all disputes arising from the relationship of the subject area claims cases with the case this case court cases against the magistrates ‘ courts is responsible for.(In this sense, it does not matter if the tenant is movable or immovable)
AUTHORIZATION HMK 5 (HUMK 9.) Md
Another important point to consider when filing a lawsuit in a court is which court is authorized.
Authority : refers to which local court a case will be heard in.
HMK 6 (HUMK 9) Md, which defines the general rule of authority. according to the General competent court, the court is the court of settlement of the defendant natural and legal person at the date of opening the case.
The concept of the settlement specified in the article is determined according to the provisions of the Turkish civil code dated 22.11.2001 and numbered 4721.
Since the dispute is not related to the same real estate, the competent court is determined according to the rules in Articles HMK 6 and 7 (HUMK 9) and HMK 10 (HUMK 10).
In cases arising from the contract in accordance with Article 10 of the CMC, the authority can be filed in the court of the place where the contract will be executed.
Accordingly, the competent court is the court of the defendant’s settlement or the place where the contract will be executed, since it is also the place where the immovable property is located, most often eviction cases are considered in the court of the place where the immovable property is located.
Article 17 of the DECC states that “Merchants or public legal entities of the authorization agreement may authorize one or more courts by agreement on a dispute that has been born or may arise between them. Unless otherwise agreed by the parties, the case can only be filed in these courts determined by the contract,”the provision says.
According to this provision, personal persons will not be able to issue a decency agreement for the lease agreement they have made between themselves.
