مرکز منطقه ای اطلاع رساني علوم و فناوري - YABANCILIK UNSURU TAŞIYAN FİNANSAL KİRALAMA (LEASING) SÖZLEŞMELERİNDE YETKİLİ MAHKEME

Abstract :

The number of the cross-border activities is going up in order to the outcome of emerging economic and commercial life. There are various types of contracts used in these activities that financial leasing contracts are one of them. Financial leasing contracts are preferred more in practically due to the facts that they are eligible to be made internationally, the subject of them is possible to be technological products and to pay less in comparing with purchasing. Due to their complex structure, it is possible to have problems with determining the authorized court particularly in financial leasing contracts containing foreign elements. For this determination can be made, it is must to be known which law would be applied to the contract. This case shows itself especially in the terms of being impossible to litigate in courts of general jurisdiction but can be litigated in special courts of competent jurisdiction. Doubtlessly, the mistakes being made on this subject will cause time- energy loses and unnecessary expenses for the sides. Therefore, the subject matter of the authorized court in financial leasing contracts containing foreign element is examined in this article.