The Competent Court In A Case For The Recovery Of Compensation Paid By A Traffic Insurer Is The Commercial Court Of First Instance. Supreme Court Decision
Summary:
For a legal transaction or act to be deemed within the scope of the Turkish Commercial Code, it must be a legal transaction or act concerning a commercial enterprise as defined above and regulated by this law within the purpose of the law.
T.C.
Supreme Court of Appeals
17th Civil Chamber
Case No: 2013/16531
Decision No: 2013/15062
Date: 5.11.2013
The plaintiff’s attorney stated that the defendant’s vehicle was insured with a compulsory financial liability insurance policy by the plaintiff’s company, that the vehicle damaged in the accident involving the defendant’s vehicle was also insured by the plaintiff under a comprehensive insurance policy, that the amount paid from the comprehensive insurance policy for the damaged vehicle was recorded as a receivable from the compulsory financial liability insurance policy, and that the right of recourse arose because the driver of the defendant’s vehicle caused the accident while under the influence of alcohol, and requested that the defendant pay 21,261 TL in compensation, plus advance interest accruing from the date of payment.
The court ruled that commercial cases are listed in Articles 4 and 5 of the Turkish Commercial Code No. 6102 and, accordingly, dismissed the case on the grounds of lack of jurisdiction, arguing that the dispute in question was not of a commercial nature. The ruling was appealed by the plaintiff’s attorney.
The case concerns the cancellation of an objection to a claim for the recovery of compensation paid by a traffic insurer to injured parties.
Article 4 of the Turkish Commercial Code stipulates that “lawsuits” arising from this law are considered commercial lawsuits, and paragraph 2 of Article 5 of the same law stipulates that if there is a commercial court in a place, “lawsuits” that fall within the jurisdiction of the civil court of first instance and are considered commercial under the provisions of Article 4 of this law shall be heard by the commercial court.
Article 3 of the Turkish Commercial Code stipulates that “All transactions and acts related to a commercial enterprise, as regulated in this Code, are commercial transactions.”
Articles 1483 et seq. of the Turkish Commercial Code regulate “compulsory liability insurance.”
For a legal transaction or act to be considered within the scope of the Turkish Commercial Code, it must be a legal transaction or act that concerns a commercial enterprise within the meaning of the law, as defined above.
In the case in question, it is understood that the claim relates to the recovery of compensation paid by the plaintiff traffic insurer to those injured in a traffic accident and that the case falls under the provisions listed in Articles 1483 et seq. of the Turkish Commercial Code. In this case, considering that the dispute falls within the jurisdiction of the Commercial Court of First Instance, it is necessary to examine the merits of the case, collect the evidence of the parties, evaluate their claims and defenses, and decide accordingly. Therefore, it is not considered correct to dismiss the case for lack of jurisdiction as stated in the written decision.
CONCLUSION
For the reasons explained above, the plaintiff’s attorney’s appeal was accepted, the ruling was REVERSED, and it was unanimously decided on November 5, 2013, that the prepaid fee would be returned to the appellant upon request.