HMK No. 6100
Determination and nature of the task
ARTICLE 1- (1) The duties of the courts are regulated only by law. The rules regarding duty are from public order.
Duties of civil courts of first instance
ARTICLE 2– (1) Regardless of the value and amount of the subject matter, the court in charge of cases related to property rights and cases related to personal existence is the civil court of first instance, unless there is a regulation to the contrary.
(2) Unless otherwise stipulated in this Law and other laws, the civil court of first instance is also responsible for other cases and matters.
Duty in cases of compensation for damages arising from death or loss of physical integrity
ARTICLE 3– (1) Civil courts of first instance hear all kinds of administrative actions and transactions and cases regarding the compensation of material and moral damages due to partial or complete loss of bodily integrity or death of a person caused by other reasons for which the administration is responsible. This provision applies even in cases regarding the compensation of the same type of damages arising from reasons beyond the responsibility of the administration. The provisions of the Labor Courts Law No. 5521 dated 30/1/1950 are reserved.
Duties of civil courts of peace
ARTICLE 4– (1) Civil courts of peace, regardless of the value or amount of the subject of the case;
1. a) Cases regarding all disputes, including receivable cases arising from the lease relationship, and lawsuits filed against these cases, with the exception of the provisions regarding the evacuation of rented immovable properties through execution without a judgment in accordance with the Execution and Bankruptcy Law No. 2004 dated 9/6/1932,
2. b) Cases regarding the distribution of movable and immovable property or rights and the dissolution of partnership,
3. c) In cases of movable and immovable property, cases aimed solely at the protection of possession,
ç) Cases for which this Law and other laws assign a civil court of peace or a civil judge of peace,
they see.
authority
general rule
ARTICLE 5– (1) The authority of the courts is subject to the provisions of this Law, without prejudice to the provisions regarding the authority in other laws.
Court of general jurisdiction
ARTICLE 6- (1) The court of general jurisdiction is the court of residence of the defendant natural or legal person on the date the case was filed.
(2) The place of residence is determined in accordance with the provisions of the Turkish Civil Code No. 4721 dated 22/11/2001.
Authority if there is more than one defendant
ARTICLE 7- (1) If there is more than one defendant, the lawsuit can be filed in the court of residence of one of them. However, if the law specifies a court that has common authority over all the defendants according to the cause of action, the case will be tried in the court of that place.
(2) In cases where there is more than one defendant, if it is understood through evidence or indications that the case has been filed with the sole purpose of bringing one of the defendants from the court of their residence to another court, the court, upon the objection of the relevant defendant, separates the case against him and gives a decision of lack of jurisdiction.
Authority in lawsuits to be filed against temporary residents of a place
ARTICLE 8 – (1) For debt or movable property lawsuits filed against people who temporarily reside in a place, such as civil servants, workers, students, soldiers, etc., the court of the place where they are located is also authorized, if their stay there can continue for a long time.
Authority in case of no settlement in Turkey
ARTICLE 9- (1) The general competent court for those who do not have a residence in Turkey is the court where the defendant’s habitual residence in Turkey is located. However, without prejudice to other special jurisdictions, a lawsuit regarding property rights can also be filed in the place where the asset in dispute is located.
Authority in cases arising from the contract
ARTICLE 10 – (1) Lawsuits arising from the contract may also be filed in the court of the place where the contract will be executed.
Authority in cases arising from inheritance
ARTICLE 11 – (1) In the following cases, the court of the deceased person’s last place of residence has final jurisdiction:
1. a) Cases regarding the sharing of the estate, invalidity of the sharing agreement, cancellation and reduction of dispositions due to death, compensation due to inheritance, and cases arising from the management of the estate between the heirs.
2. b) All lawsuits to be filed against the heirs until the final distribution of the estate.
(2) An entitlement lawsuit intended to be filed against a property in the estate can be filed wherever the property is located at the time of writing and determination of the estate.
(3) In cases regarding the cancellation of the inheritance certificate and the issuance of a new inheritance certificate, the court of the place where each heir resides is also authorized.
Authority in cases arising from the same immovable property
ARTICLE 12– (1) The court of the place where the real estate is located has absolute authority in cases related to the real right on the real estate or in cases that may lead to a change in the ownership of the real right, and in cases related to the possession of the real estate or the right to retain it.
(2) Cases regarding easement rights are filed in the court where the immovable property on which the easement is established is located.
(3) If these lawsuits concern more than one immovable property, they can be filed against the others where one of the immovable properties is located.
Jurisdiction in counterclaim
ARTICLE 13 – (1) In cases where there is no absolute jurisdiction, the court hearing the main case is also authorized to hear 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 where that branch is located is also authorized.
(2) For lawsuits filed by private law legal entities against a partner or member, or a partner or member against others in this capacity, provided that they are limited to partnership or membership relations, the court where the headquarters of the relevant legal entity is located has absolute jurisdiction.
Authority in cases arising from insurance contracts
ARTICLE 15 – (1) Lawsuits arising from damage insurance, if the insurance relates to an immovable property or a movable property that must or is required to be fixed in a place due to its nature, the place where the property is located; If it relates to a movable property that is not required or required to be fixed in a place, it can also be opened in the place where the risk occurs.
(2) In life insurance, the court of their place of residence has absolute authority in cases filed in favor or against the policyholder, insured or beneficiary.
(3) This provision does not apply to cases arising from marine insurance.
Authority in cases arising from tort
ARTICLE 16– (1) In cases arising from tort, the court of the place where the tort is committed or where the damage occurred or is likely to occur, or where the injured party resides, is also authorized.
authorization agreement
ARTICLE 17– (1) Merchants or public legal entities may, by contract, authorize one or more courts regarding a dispute that has arisen or may arise between them. Unless otherwise agreed by the parties, the lawsuit can only be filed in these courts determined by the contract.
Validity conditions of the authorization agreement
ARTICLE 18 – (1) An authority agreement cannot be made on matters over which the parties cannot freely dispose and in cases of absolute authority.
(2) In order for the jurisdiction agreement to be valid, it must be made in writing, the legal relationship arising from the dispute must be specific or determinable, and the authorized court or courts must be indicated.
Raise jurisdiction objection
ARTICLE 19– (1) In cases where the authority is certain, the court must investigate on its own until the end of the case whether it has authority or not; Parties may always claim that the court has no jurisdiction.
(2) In cases where the authority is not certain, the objection to authority must be put forward in the reply petition. The party objecting to jurisdiction shall refer to the competent court; If there is more than one competent court, it notifies the court it has chosen. Otherwise, the authority objection will not be taken into consideration.
(3) The court also indicates the competent court in its decision of lack of jurisdiction.
(4) In cases where the jurisdiction is not certain, if the defendant does not object to jurisdiction within the time and in accordance with the procedure, the court where the case is filed becomes competent.