THE COURT IN CHARGE OF EVICTION CASES
One of the most important issues to be considered when filing a lawsuit in a court is which court is in charge. The duties of the courts, on the other hand, are determined by law.
The task is related to public order. Therefore, it is taken into account at all stages of the proceedings.
The court in charge of eviction cases is specified in Article HMK 4/1-a (HUMK 8/II-1).
According to the IIK dated 9.6.1932 and numbered 2004, the provisions on the eviction of leased real estate by involuntary execution are separate, the cases related to all disputes, including the receivables arising from the lease relationship, and the cases filed against these cases are under the jurisdiction of the Magistrates’ Courts.(In this sense, it does not matter if the tenant is movable or immovable)
AUTHORITY HMK 5 (HUMK 9.) Md
Another important aspect that should be considered when filing a lawsuit in a court is which court is authorized.
Authority: Refers to which local court a case will be considered.
Article HMK 6 (HUMK 9), which establishes the general authorization rule. according to the court of general jurisdiction, the defendant is the court of the place of residence of the natural and legal person on the date of filing the case.
The concept of the settlement specified in the article is determined in accordance with the provisions of the Turkish civil code dated 22.11.2001 and numbered 4721.
In eviction cases, the competent court determines according to the rules in articles HMK 6 and 7 (HUMK 9) and HMK 10 (HUMK 10), since the dispute is not related to the same real estate.
According to Article 10 of the CMB, the authority in cases arising out of the contract may be opened in the court of the place where the contract will be executed.
Accordingly, the competent court is the court of the defendant’s place of residence or the place where the contract will be executed, since it is also the place where the real estate is located, mostly eviction cases are considered in the court of the place where the real estate is located.
Article 17 of the HUMK17 states that “Merchants or public legal entities of the authorization agreement may contractually authorize one or more courts about a dispute that may arise or arise between them. Unless otherwise agreed by the parties, the case can only be opened in these courts determined by the contract,”the provision is provided.
According to this provision, personal persons will not be able to arrange a decency agreement for the lease agreement they have concluded between themselves.
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