THE COURT IN CHARGE OF EVICTION CASES
The duties of the courts are determined by law. The task is related to public order. For this reason, it is taken into account at all stages of the proceedings. The court in charge of eviction cases is specified in Article HMK 4/1-a (HUMK 8/II-1)
According to the IIK dated 9.6.1932 and numbered 2004, the provisions on the eviction of leased real estate by involuntary execution are separate, the cases related to all disputes, including the receivables arising from the lease relationship, and the cases filed against these cases are under the jurisdiction of the Magistrates’ Courts.
AUTHORITY HMK 5 (HUMK 9.) Md
Authority: Refers to which place court a case will be considered regardless of its value.
Article HMK 6 (HUMK 9), which establishes the general authorization rule. The court of general jurisdiction is the settlement court of the respondent natural and legal person at the time of the opening of the case.
The place of settlement is determined in accordance with the provisions of the Turkish civil code dated 22.11.2001 and numbered 4721
In eviction cases, the competent court is determined according to the rules in articles HMK 6 and 7 (HUMK 9) and HMK 10 (HUMK 10), since the dispute does not relate to the same real estate.
According to Article 10 of the CMB, in cases arising out of the contract, the authority may be opened in the court of the place where the contract will be executed.
Accordingly, the competent court is the court of the defendant’s place of residence or the place where the contract will be executed, as well as the place where the immovable property is located, usually eviction cases are considered in the court of the place where the immovable property is located
Article 17 of the DEC “Merchants or public legal entities of the authorization agreement may contractually authorize one or more courts about a dispute that may have arisen or may arise between them.” Unless otherwise agreed by the parties, the case can only be filed in these courts determined by contract.
Therefore, according to this provision, personal persons will not be able to issue an authorization agreement for the decommissioning agreement they have concluded between themselves.
