مرکز منطقه ای اطلاع رساني علوم و فناوري - YENl TURK TlCARET KANUNU QERQEVESlNDE ASLlYE TlCARET MAHKEMESl iLE ASLlYE HUKUK MAHKEMESl ARASINDAKl lSBOLUMU iTlRAZININ DEGERLENDlRlLMESl

Abstract :

In Turkish Law, commercial court of first instance is established as a chamber of civil court of first instance but not as a special court. However, the relationship between commercial court of first instance and civil court of first instance is regulated differently from the relationship between more than one chambers of courts outside of the civil court of first instance. According to this, the relationship between civil court of first instance and commercial court of first instance either is not duty relationship or regular relationship between chambers of same court. The old and new Commercial Laws have been accepted a particular division of labour. In Turkish Commercial Law numbered 6762 it is said that the relation ship between commercial court of first instance and civil court of first instance is a first appeal against labour field and with the decision of sending when the the appeal is accepted, the procedure to be fallowed would be determined according to the Articles in Civil Procedure Law. In Civil Procedure Law Article 193 from the final decision in 10 days a fresh memorial should be given and the call paper should be notified. The dispute about the initation of the time is solved by the landmark decision of the 11.10.1976 numbered E.1976/5, K. 1976/5. Accordingly, there is need to act in 10 days from the notification or realisation of decision to send. Article 5/3 of 6102 numbered Turkish Commercial Law differently from 6762 numbered Law is regulating on one hand the initiation of the time according to the Landmark decision, on the other hand is regulating that the time is 10 days. On the other hand, in the last paragraph same with 6762 numbered Law, it is regulated that the decrees that should be applied to procedures in the situation of rejection the case memorial because of lack of subject-matter jurisdiction would be applied in the appeal to labour division as well. Article 20 of Civil Procedure Law which regulates procedures to be fallowed after lack of subject matter and lack of teeritorial jurisdiction determines 20 days for those procedures. Therefore, there are two different prescribed times according to Article 5 of 6102 numbered Law. The problem of which one of these times would be applied is a matter to be analysed. In this study therefore, firstly the issue that touched upon above and the labour division between commercial court of first instance and civil court of first instance would be analysed.