[TURKISH] CODE OF CIVIL PROCEDURES

Law Number : 6100

Date of Adoption : January 12,2011

Date and No. of Publication in the Official Gazette : February 4,2011 - 27836


NOTE: This translation made by myself is unofficial and for information purposes only. All rights of it are reserved as a translation anyway. Read this page first, please. Click "[TÜRK] HUKUK MUHAKEMELERİ KANUNU" for full Turkish text of the Code.

 

PART ONE
General Provisions

CHAPTER ONE
Subject-matter Jurisdiction, Venue and Designation of Place of Jurisdiction

SECTION ONE
Subject-matter Jurisdiction

 

Definition of subject-matter jurisdiction and its nature

ARTICLE 1 - (1) Subject-matter jurisdiction of the courts, shall only be regulated by law. Rules regarding subject-matter jurisdiction, are subject of public order.

 

Subject-matter jurisdiction of civil courts of first instance

ARTICLE 2 - (1) The court having subject-matter jurisdiction in actions concerning rights of assets and rights of personal entity regardless of value and total amount of the matter in dispute, is the civil court of first instance unless a contrary regulation existed.

(2) Unless a contrary regulation existed in this Code or in other laws, the civil court of first instance has subject-matter jurisdiction also in respect to the other actions or legal matters.

 

Subject matter jurisdiction in actions for damages arising from death or loss of physical integrity

ARTICLE 3 - (Cancelled by the decision of the Constitutional Court dated February 26,2012 and numbered E.:2011/35, K.:2012/23)

 

Subject-matter jurisdiction of civil courts of peace

ARTICLE 4 - (1) Civil courts of peace shall hear the following, regardless of value and total amount of the matter;

a) Actions arising from tenancy relationship including actions of debt concerning all disputes and counter actions filed against these actions on condition that provisions related to enforcement proceeding without judgement pursuant to the Enforcement and Bankruptcy Law dated June 09,1932 and numbered 2004 are exceptional,

b) Actions concerning partititoning of movable or immovable properties or rights and elimination of joint ownership,

c) Actions soleley aimed at protection of possession in movable or immovable properties,

d) Actions that commissioned the civil court of peace or justice of the peace by this Code and other laws.

 

SECTION TWO
Venue

General principle

ARTICLE 5 - (1) Venue of the courts is subject to the provisions of this Code on condition that provisions related to venue in other laws are reserved.

 

Court having general jurisdiction in respect to venue

ARTICLE 6 - (1) The court having general jurisdiction in respect to venue, is the court where domicile of real or legal person is on the date that the action filed.

(2) Domicile, is determined according to the Turkish Civil Code dated November 11,2001 and numbered 4721.

 

Venue in case there have been defendants more than one

ARTICLE 7 - (1) If there have been more than one defendant, the action may be filed at the domicile of one of them. However, in case a court having common general jurisdiction in respect to venue has been designated in respect to the ground of action regarding all of defendants in tha law, the action is heard in the court of that place.

(2) In cases where have been more than one defendant, if it has been appeared by evidences and indications that the action has solely been filed in order one of the defendants to be brought to a court that has not been located in the domicile of him/her, the court renders the decision of rejection of venue by severing the action regarding about the defendant concerned, upon objection of him/her.

 

Venue in actions filed against the persons residing in a place temporarily

ARTICLE 8 - (1) The court has also general jurisdiction in respect to venue for the actions of debt or movable property to be filed against the persons who reside in a place temporarily such as civil cervant, labourer, student or soldier, if residing of them would probably continue for quite a long time.

 

Venue in case of absence of domicile in Turkey

ARTICLE 9 - (1) The court having general jurisdiction in respect to venue, is the court where habitual residence of the defendant located. However, provided that other special circumstances of general jurisdiction in respect to venue are reserved, the action regarding rights of assets, may also be filed where the element of assets has been located.

 

Venue in actions arising from contract

ARTICLE 10 - (1) Actions arising from contract, may also be filed where the contract to be fulfilled.

 

TRANSLATION OF OTHER ARTICLES WILL CONTINUE