TO THE … PRESIDENCY OF THE MAGISTRATE’S COURT;
FILE NO : …/ … E.
IN THE OBJECTION OF AUTHORITY :
THE FOUND DEFENDANT
TRADE REGISTRATION NO :
address :
attorney :
(Legal representatives of the parties, if any)
OPPONENT :
attorney :
(Legal representatives of the parties, if any)
SUBJECT : The authority consists of our objection.
CASE VALUE :
(In cases related to property rights)
INSTRUCTIONS :
1-) Between the client and the plaintiff party. dec../../.. a dealership agreement has been signed on its date.
2-) The plaintiff has filed this lawsuit after the actions in question were not fulfilled.
3-) The parties to the case in question have signed the October Authorization Agreement for legal disputes that may occur due to harassment and commercial relations.
17 of HMK No. 6100. according to its article; “Merchants or public legal entities may contractually authorize one or more courts dec a dispute that may have been born or may have arisen between them. Unless otherwise agreed by the parties, the case is opened only in those courts established by the contract.”
Moreover, even if there is no authorization agreement between them, the plaintiff has filed this case in his/her settlement court and is subject to Article 6 of the Code of Civil Deci-sions. he acted contrary to his article.
6 of law No. 6100. in the article, the subject matter of the court of general jurisdiction is regulated as follows:
“The court of general jurisdiction is the settlement court of the respondent natural or legal person at the time of the opening of the case.”
4-) Our client is a fuel company organized as a joint-stock company, while the place of residence is … where the center is located. An october of the trade registry record related to this has been submitted to your court’s examination in October (ANNEX-3) of our petition. The plaintiff company providing a dealership is located in the province where the lawsuit was filed.
5-) Given the above legal regulations, it is obvious that your court, which is the subject of the case at hand, is not authorized in terms of this case. Because the plaintiff has filed this lawsuit at his own place of residence, which is not included in any of the above. Therefore, the obligation to make the first objection to the authority has arisen.
LEGAL REASONS : 6100 P. K. m. 6, 15, 19, 116.
LEGAL EVIDENCE : …/…/… t
CONCLUSION AND REQUEST: For the reasons described above, we request by proxy that the decision be made on the jurisdiction of your court and the file be sent to the competent … Magistrate’s Court upon acceptance of our first objection to the authority. …/ …/ …
APPENDICES : 1. OCTOBER 2018 …/…/…
The Defendant Attorney
