Decision Date: 13.06.2016
CLAIM FOR DAMAGES – THE NEED FOR THE CASES TO BE HEARD TOGETHER AND FOR THE DISPUTE TO BE RESOLVED BY THE COMMERCIAL COURT OF FIRST INSTANCE, WHICH IS A SPECIAL COURT IN TERMS OF ALL CLAIMS – DETERMINATION OF THE COMMERCIAL COURT OF FIRST INSTANCE AS A PLACE OF JURISDICTION
Summary: the case is related to a request for material and moral compensation due to a traffic accident. Both the defendant and the driver of the vehicle and the defendant …are responsible for the same material incident and the damage is one, the cases must be heard together and the dispute must be resolved by the Commercial Court of First Instance, which is a special court in terms of all claims. A subsequent review of cases that must be seen together does not change the rules for the task.
(6102 P. K. m. 4, 5, 1483)
Case: Kayseri First Instance trade and Kayseri 3. All documents in the file sent to determine the place of jurisdiction were examined and considered necessary due to the fact that the courts of First Instance decided not to serve separately:
The case relates to a request for material and moral compensation due to a traffic accident.
Kayseri Commercial Court of First Instance, after the case against the defendant …company was detailed, the decision was made to dismiss on the grounds that the general provisions should be applied from the point of view of the other defendants.
Kayseri 3. The Court of First Instance, on the other hand, decided to dismiss the case against all defendants on the grounds that the decision of tefrik was not in accordance with the procedure and that the case against all defendants should be heard in the Commercial Court.
1483/1 of the Turkish Commercial Code No. 6102, which is in force as of the date of the case. article 4/1-a of the same law states that civil cases arising from the considerations provided for in the TTC will be considered commercial cases, regardless of whether the parties are merchants or not. 5 of the TCC. if there is no provision to the contrary, the article contains a provision that commercial courts of first instance, regardless of the value of what is being sued, are responsible for handling all commercial cases and non-commercial judicial affairs of a commercial nature.
In a concrete case, the plaintiff filed a lawsuit against the defendant and the insurance company, which is the insurer of zmms, in relation to claims for material and moral compensation arising from a traffic accident that constitutes a tort. Although the court in charge of compensation cases arising from Torts is the court of First Instance, which is the General Court of law; the case was filed against the insurance company that the opposite party made ZMMS together with real persons. The defendant … his company was held responsible for the insurance policy, mandatory insurance, TTC 1483 et al. it is regulated in its articles. 4/1-(A) and 5. in accordance with the articles, The Commercial Court of first instance is in charge of this case of an absolute commercial nature.
In the same case, the General Court on defendant’s part about the expert the other defendants in the charge of the special court, in the presence of the same nature of the dispute, and only one of the claims, or if the damage is to be decided in terms of the other one if the interest is of such a nature directly; question between the General Court and the special court in judicial procedure” provided that there are not substantial differences regarding all parties and claims experts who are specially authorized in terms of the dispute must be resolved in the courts.
In this case, both the defendant and the driver of the vehicle and the defendant …are responsible for the same material incident and the damage is one, the cases must be heard together and the dispute must be resolved by the Commercial Court of First Instance, which is a special court in terms of all claims. A subsequent review of cases that must be seen together does not change the rules for the task.
Conclusion: for the reasons described above; 6100 No. 21 and 22 of HMK. in accordance with the articles, The decision was made unanimously on 13.06.2016 to determine the place of jurisdiction of the Commercial Court of First Instance of Kayseri.