TO THE PRESIDENCY OF THE COMMERCIAL COURT OF FIRST INSTANCE;
FILE NUMBER :
AUTHORIZATION OBJECTION:
DEFENDANT FOUND
TRADE REGISTER NUMBER :
ADDRESS :
ATTORNEY:
(Legal representatives of the parties, if any)
OPPONENT :
ATTORNEY:
(Legal representatives of the parties, if any)
SUBJECT : Authority consists of our objection.
CASE VALUE:
(On property rights cases)
DESCRIPTIONS :
1-) Our client is the insurance insurer of the vehicle with the plate number … … … belonging to the plaintiff. (ANNEX 1)
2-) The plaintiff party has substituted the case at hand on the grounds that the damage in the amount of …-TL (ANNEX-2) that occurred on his vehicle was not paid by us.
3-) In Article 6 of Law No. 6100, the subject of general jurisdiction is regulated as follows:
“The general competent court is the court of the domicile of the defendant real or legal person on the date of the lawsuit.”
In Article 15 of the same law, the subject of authorization in cases arising from insurance contracts is regulated as follows:
“The lawsuits arising from loss insurance, if the insurance relates to an immovable property or movables that must be fixed or stipulated in a place due to their nature, at the location of the property; If it relates to a movable that is not required or stipulated to be fixed in a place, it can also be opened at the place where the risk occurs.”
4-) Our client is an insurance company organized in the form of a joint stock company, the place of residence is … A sample of the trade registry record regarding this has been submitted to your court for examination in the annex of our petition (Annex-3). The non-litigation agency issuing the insurance policy is also located in the same province. The registry record of the non-litigation agency, which is not a branch of our client and is an independent organization, is also attached (Annex-4). The damage to the vehicle of the plaintiff party, as can be understood from the attached (ANNEX-5) accident report, is the result of the plaintiff’s quickly dropping the vehicle into the ditch, not being able to notice the ditch on the road, while he was driving in the province where he was at that time due to a business trip. Happened.
5-) Considering the legal regulations above, it is obvious that your court, where the case at hand is pending, is not authorized for this case. Because, the plaintiff has filed this lawsuit in his own place of residence, which is not included in any of the above. Therefore, the obligation to make the first objection to the authority has arisen.
LEGAL REASONS :
LEGAL EVIDENCE: Example of damage assessment fee dated …/…/…, trade registry record of the client company, traffic accident report dated …/…/…, trade registry record of non-litigation agency, Casco Insurance policy dated …/…/…
CONCLUSION AND REQUEST: Due to the reasons explained above, we request, by proxy, that with the acceptance of our first objection to jurisdiction, your court’s lack of jurisdiction and that the file be sent to the authorized Commercial Court of First Instance. …/ …/ …
APPENDIX: 1. Motor own damage insurance policy dated …/…/…
Example of damage assessment fee dated …/…/…
Trade registry record of the client company.
Trade registry record of the agency that made the contract.
Traffic accident report dated …/…/….
One copy of certified power of attorney
Attorney for the Defendant
Lawyer
