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Commercial LawWhat is the Commercial Court of First Instance and which cases does it hear?

Courts are divided into courts with general and special jurisdiction in our law. Courts with general jurisdiction are obliged to hear all cases that are not listed separately in the subjects of courts with special jurisdiction. Courts with general jurisdiction are the civil courts of first instance. The commercial court of first instance is one of the courts with special jurisdiction. In the law; In the specified works, it is determined as responsible for all commercial cases regardless of their subject and amount. Some of the specified works are as follows:

  • Cases arising from matters related to the commercial enterprise of all parties
  • Non-contentious judicial proceedings related to the commercial enterprise of the parties
  • Those that are accepted as commercial litigation and non-contentious judicial proceedings under the Turkish Commercial Code, regardless of whether the parties are merchants or the matter is related to a commercial enterprise
  • Commercial cases are divided into absolute and relative commercial cases according to some characteristics. Absolute commercial cases are the cases that are specifically listed as commercial cases in the Turkish Commercial Code and some other laws. In these cases, the merchant status of the parties or the commerciality of the business is not evaluated. They are directly determined as commercial cases by the legislator. These cases are as follows:
  • In theTurkish Commercial Code and the Turkish Civil Code, in cases concerning those who are engaged in the business of lending money in return for pledge
  • In cases concerning the acquisition of assets or business and mergers and transfers of undertakings under the Code of Obligations
  • In cases related to non-competition
  • In disputes regarding the broadcasting contract
  • In cases related to the issuers and issuance of letters of credit and credit orders
  • In cases concerning the Commission contract
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