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Cancellation Of Objection Court Of Cassation Decision

Cancellation Of Objection Court Of Cassation Decision

T.C Supreme Court 13th Civil Chamber Main: 2015/ 41840 Decision: 2015 / 38474 Date of Decision: 31.12.2015

Supreme Court Decision

COURT :Civil Court of First Instance

DECISION

The case is related to a dispute arising from insurance law.

According to the amendment made in Article 14 of the Supreme Court of Cassation Law No. 2797 with Article 27 of the Law No. 6572 dated 04.12.2014 on the Amendment of the Law on Judges and Prosecutors and Certain Laws and Decree Laws No. 6572; in accordance with the decision of the First Presidency Board of the Supreme Court of Cassation dated 19.01.2015 and numbered 2015/8, in addition to the receivable cases arising from the insurance law, based on Article 67 of the EBL

As of 01.02.2015, the 11th Civil Chamber of the Court of Cassation has been assigned the task of examining on appeal the judgments and decisions rendered as a result of the cancellation of the objection and the determination of non-debtor arising from Article 72 of the EBL.

According to the amendment made in Article 60 of the Supreme Court of Appeals Law No. 2797 with Article 2 of the Law No. 6644 on the Amendment of the Supreme Court of Appeals Law and the Law on Civil Procedures, which entered into force after being published in the Official Gazette dated 11.04.2015, if the relevant legal department, to which the file is sent by the court for appellate review, does not consider itself responsible in terms of division of labor as a result of the preliminary examination to be made within one month, it is necessary to decide to send the case file to the Civil Division of Labor Review Board of the Supreme Court of Appeals to determine the responsible department.

CONCLUSION: It was unanimously decided on 31/12/2015 to send the case file to the Civil Labor Division Review Board of the Court of Cassation to determine the competent department.

 

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