The Court Charged in the Case of the First-Time Collection of the Compensation Paid by the Traffic Insurer is the Commercial Court of First Instance. Supreme Court Decision

Summary:

In order for a legal transaction or act to be recognized as remaining within the scope of the Turkish Commercial Code, there must be a legal transaction or act related to a commercial enterprise with the issues regulated in this law, the definitions of which are given above, within the purpose of the law.

T.C.
SUPREME
17. law office
Main Number:2013/16531
Decision No:2013/15062
K. Date:5.11.2013

The plaintiff’s attorney, the defendant is insured with a liability insurance policy to the client company belonging to the tool as a result of accident involving the vehicle to the plaintiff even damaged vehicle that has liability insurance, automobile insurance liability insurance policy from your insurance policy, you will get paid for the amount of the damaged vehicle that is saved from the defendant, the driver of the vehicle belonging to the cause of the accident due to a drunk that was born of the right of recourse will operate from the date of advance payment of compensation 21.261 TL noting with interest from the defendant required the collection.

4 of the TCC numbered 6102 by the Court. and 5.accordingly, it was decided to dismiss the case due to the absence of litigation conditions due to lack of duty on the grounds that commercial lawsuits are counted in the articles, and that the dispute in question is not a commercial case; the judgment was appealed by the plaintiff’s attorney.

The case is the case of cancellation of the objection regarding the request for the prior collection of the compensation paid by the traffic insurer to those who were harmed.

4 of the Turkish Commercial Code. article 5 of the same law, in which the legal “cases” arising from this law are considered commercial cases. 2 of the article. in paragraph 4 of this law, if there is a commercial court anywhere, it is within the jurisdiction of the court of first instance. according to the provisions of the article, it is regulated that the “cases” considered commercial will be tried in the commercial court.

3 of the Turkish Commercial Code. in its article, “All transactions and acts related to a commercial enterprise with the issues regulated in this Law are commercial affairs.” has been arranged.

“Compulsory liability insurances” are regulated in Articles 1483 and continuation of the Turkish Commercial Code.

The verb within the scope of the Turkish Commercial Code, a legal action or staying in for the adoption of the purpose of the law given the above definitions, issues that are regulated in this law, a business in a related process, or must be a verb.

In the case subject to the lawsuit, the claim is related to the request for the first collection of compensation paid by the plaintiff’s traffic insurer to those who were harmed due to a traffic accident, the case, the Turkish Commercial Code 1483 et seq. It is understood that it is one of the issues mentioned in the articles. In this case, considering that the dispute falls under the duty of the Commercial Court of First Instance, entering into the merits of the case, collecting the evidence of the parties, evaluating their claims and defenses, and deciding on the outcome of the decision should be made, it was not considered correct to decide to dismiss the case due to incompetence as written.

result

For the reasons described above, it was unanimously decided on 05.11.2013 to OVERTURN the judgment with the acceptance of the plaintiff’s attorney’s appeals and to return the advance fee to the appellant plaintiff upon request.

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