Jurisdictional Issues And Choice of Jurisdiction Under Turkish Law

Jurisdictional issues Choice of Jurisdiction Under Turkish Law

Where it is unclear whether the matter is administrative or commercial in nature, a special court, the Court of Conflicts (outside of the two court sections mentioned), determines jurisdiction.

Where issues relating to constitutional law issues, the Constitutional Court has jurisdiction, as the highest court of the nation. It does not have jurisdiction over matters that do not have a constitutional issue in dispute.

The Constitutional Court also hears cases brought against high officials in the executive branch of government who otherwise enjoy immunity while in office.

Choice of Jurisdiction In Turkish Law

Contractual disputes involving a Turkish party may be subject to the jurisdiction of a foreign court selected by the parties, except where public policy or Turkish law requires the matter to be heard by Turkish courts. Examples of mandatory jurisdiction are disputes involving the ownership of land, buildings and other immovable property located in Turkey. Turkish courts do not necessarily recognize the rights of the parties to exclude the jurisdiction of the Turkish courts in other cases, even if public policy or mandatory statutory jurisdiction is not involved.

Special rules of procedure are established by Turkish law to determine whether Turkish courts have jurisdiction in disputes involving international elements.

By | 2018-04-08T13:50:50+00:00 April 8th, 2018|Procedural Law|Comments Off on Jurisdictional Issues And Choice of Jurisdiction Under Turkish Law