Determination of Jurisdiction and Its Characteristic

ARTICLE 1 - (1) Jurisdiction of the courts shall be regulated only by law. The
provisions concerning jurisdiction are associated with public order.

The Jurisdiction of The Courts of First Instance

ARTICLE 2 - (1) Unless the law provides otherwise, The Court of First Instance
shall have jurisdiction over lawsuits regarding personal right and property with-
out taking into consideration its value and matter.

(2) Unless the law provides otherwise, The Court of First Instance shall have
jurisdiction over other lawsuits and assignments as well.

Jurisdiction Over Actions in Tort Arising Death and To Loss of Physical Integri-
ty
ARTICLE 3 - (1) (Cancelled by the decision of Constitutional Court dated
16/2/2012 and Docket No:2011/35, Decree No:2012/23.)

Jurisdiction of the Civil Courts of Peace

ARTICLE 4 - (1) Without taking into consideration the value or amount of the
matter of lawsuit, The Civil Courts of Peace shall have jurisdiction over

a) Lawsuits and counterclaims subjected to all disputes including debt claims

arising leased premises, except the provisions of the Turkish Enforcement and
Bankruptcy Code dated 09/06/1932 and numbered 2004.
b) Lawsuits related to dissolution and partition of joint or collective ownership
in immovable property and chattel,
c) Only protection of possession in immovable property and chattel,
) Other lawsuits over which this law and the other laws shall assign Civil Court
of Peace or the Judge of Civil Court of Peace.

General Principle
ARTICLE 5 - (1) Competency of the Courts shall be subject to the provisions of
this Law and the provisions related competency in which exist other laws are
reserved.

General Competent Court

ARTICLE 6-(1) The territorially competent court is that of the domicile where
the defendant or legal person has when the lawsuit has been filed.

(2) The domicile shall be determined in accordance with the provisions of the
Turkish Civil Code dated 22/11/2001 and numbered 4721.

Competency In Case Of Existing Two or More Defendants

ARTICLE 7 - (1) If a lawsuit is directed against two or more defendants, the

lawsuit shall be filed at the court at the domicile where the one of these defend-
ant has. However, if the law shall provide a court which has common competen-
cy related all of defendants in accordance with subject matter of action, the court
which has common competency shall have competency.
(2) ...

Competency concerning the persons who reside a place temporarily

ARTICLE 8 - (1) If the persons such as officers, workers, students and military
servicers shall temporarily reside anywhere for a long time, the court at the place
where their residential place is shall have competency for debt claims or lawsuits
related chattel as well.

Competency In Case Of Not Having Domicile in Turkey

ARTICLE 9 - (1) If the persons who do not have domicile in Turkey, the court
where the person concerned has a place of habitual residence shall have compe-
tency. However, the court at the place where the disputal property is shall have
competency over lawsuit related property rights as well. The other special com-
petency provisions are reserved.

Competency Related Lawsuits in Contract

ARTICLE 10- (1) The court at the place where the characteristic performance
must be rendered shall have competency over lawsuits related to contracts as
well.

Jurisdiction over actions in succession

ARTICLE 11 - (1) The court at the last domicile of the deceased shall have ju-
risdiction over actions listed below:

a) Actions for division of the marital property, for contract of division of the
marital property, for invalidity and abatement of dispositions, for recovery of
inheritance and for administration of the estate among the heirs.

b) Actions against the heirs until final division of the marital property.

(2) The court at the place where a marital property has established and recorded
shall have jurisdiction over actions for recovery of inheritance as well.

(3) The court at the domicile where each of all heirs has shall have jurisdiction
over actions for the annulment and rearrangement certificate of inheritance as
well.

Jurisdiction over actions in rem

ARTICLE 12 - (1) The court at the place where a property is shall have a man-
datory jurisdiction over actions for real rights or ownership of real rights, and for
possession of immovable property or seizure right.

(2) The court at the place where a property has an easement registration shall
have jurisdiction over actions for easement rights.

(3) If actions concerns multiple properties, the court where one of the properties
is situated shall have jurisdiction for other actions.
Competency in Counterclaim

ARTICLE 13 - (1) If there is no mandatory competency provision, a counter-

claim may be filed in the court that has competency over the main lawsuit.

Jurisdiction for Tort

Article 16- (1) For lawsuits arising from tort, the court in the jurisdiction of
which the tortious act was committed or where the act occured or will likely oc-
cur its effect or the court at the domicile of the aggrieved person shall have ju-
risdiction.

Agreement on Jurisdiction

ARTICLE 17- (1) Traders or public legal entities may agree on which court or
courts have jurisdiction an existing or future dispute arising in between. Unless
the parties provide otherwise, lawsuit shall be filed only in these courts deter-
mined by agreement.

Validity Conditions of Agreement on Jurisdiction

ARTICLE 18- (1) Jurisdiction agreement may not be performed concerning is-
sues over which the parties shall not dispose as well as mandatory jurisdiction
matters.

(2) The agreement must be in written and the legal relationship arising from the
dispute must be determined or determinable and the court or courts authorized
must be expressed in the agreement.

Assertion of Venue {Territorial Jurisdiction } Objection ( plea as to jurisdiction

!!)

ARTICLE 19- (1) In cases having mandatory territorial jurisdiction, the court
must investigate ex officio until termination of trial whether it shall be author-
ized or not.
The parties may assert that the court has not territorial jurisdiction at any time.

(2) In cases not having mandatory territorial jurisdiction, objection of territorial

jurisdiction must be asserted in response petition. The party who objects the
court's territorial jurisdiction shall inform the court which court is authorized; in
case of being authorized courts more than one, the objecting party shall inform
the court which court has been selected. Otherwise the objeciton shall not be
taken into consideration.

(3) The court shall express the court having territorial jurisdiction in the decision
about lack of venue as well.

(4) In cases not having mandatory territorial jurisdiction, if the defendant shall
not object within the duration and in accordance with the procedure, the court
that the lawsuit has been filed has became having territorial jurisdiction.

*yetkisizlik, yetkili mahkeme kelimelerini aratr !!!