Special Authorization Rule: Insurance Contracts

In the second distinction of the Code of Civil Procedure No. 6100, a provision has been made on authority. Although the authority provisions are divided into general authority rules and special authority rules, 15. the text of the article regulates the rules of jurisdiction in cases arising from insurance contracts. In the text of the law, “Lawsuits arising from loss insurance, insurance, if it relates to a real estate or a movable property that must be fixed in a place by its nature or is stipulated, where the property is located; if it is related to a vehicle that does not need to be fixed in a place or is not required, it can also be opened in the place where the risk occurs.” by introducing the regulation, it is aimed to determine the competent court according to the concrete event.

Insurance contract 6102 numbered 1401 of the Turkish Commercial Code. it is defined in the article. According to the provision, the insurance contract is a contract in which “the insurer undertakes to compensate for a hazard, risk, or to pay money or perform other actions in exchange for a premium, in case of a hazard, risk that damages a person’s measurable interest in money, or due to some events that occur in the lives of one or more people due to their life expectancy.” According to this provision, the insurer agrees to insure the insured’s property or bodily damages for risks that may arise in exchange for a certain premium. If we are to evaluate within the scope of this provision, the insurance contract must contain the risk element and the interest element. For this reason, the insurance contract is based on the mutual trust relationship of the insurer and the insurer.

In this case, if there is a value related to a movable property or a value that is not necessary to remain fixed, it is seen that the legislator grants the applicant two electoral rights in terms of authority. If the incident subject to the lawsuit relates to a movable property, the court of the place where the value secured by insurance suffered damage may be authorized. However, if the immovable property in question is an immovable property, the court of the place where the property is located will be considered competent.

In this case, where there is an electoral authority, it is important that the authority is not from the public order. Because here, if the party who wants to object to the authority does not put forward its claim in terms of the first objections, the subject of authority will not be evaluated by the judge ex officio. In cases where the authority is not from the public order, the objection to the authority that is not put forward by the parties within the scope of the initial objections is of a degrading nature.

While the rule of elective jurisdiction has been introduced in the first paragraph, the provision of the second paragraph states that “In life insurance, the court of their settlement is the final authority in cases that will be filed against or against the insured, insured or beneficiary.”it is said that a distinction has been made in terms of life insurance. Failure to comply with the final authority will also lead to the procedural dismissal of the case.

The definition of life insurance covers events related to human life. Risks related to human life include events such as getting sick, death, having an accident, becoming unable to work in the profession due to a limb injury, aging. Life or death conditional personal life insurance, pension insurance, sickness insurance and personal accident insurance can be counted among the types of life insurance. Dec.

The legislator has determined that marine insurance will not be evaluated within this scope with the provision of the third paragraph. In this case, in cases related to marine insurance, 15. it will not be possible to implement the provisions of the article.


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